NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE NOTICE is hereby given that default having been made under the terms of a Deed of Trust dated May 15, 2009, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Trust Deed Book 842 at page 180 and re-recorded in Trust Deed Book 843 at page 435 and re-recorded in Trust Deed Book 855 at page 303, executed by Mickey A. Justice to Alan R. Terry and Carl W. Roop, Trustees, securing Pioneer Community Bank, which was given to secure the payment of the note therein described, and demand having been made upon the undersigned so to do, the undersigned Trustee, Carl W. Roop will, on the 16th day of December, 2016, at the front door of the Fayette County Courthouse, in the City of Fayetteville, West Virginia, at 9:00 a.m., sell the property hereinafter described, which property was conveyed in said Deed of Trust, and being more particularly described as follows: The following described lot or parcel of surface land, situate at or near Harvey, in Plateau District, Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit: LOT NO. 213 of the HARVEY- PRUDENCE SUBDIVISION as the same is shown on a map or plat thereof, which said map is of record in the office of the Clerk of the County Commission of Fayette County, West Virginia, West Virginia, in Map Book 7 at Pages 6 and 7; reference to which map is hereby made for a more full complete description of said surface lot herein conveyed. And being the same property acquired by Mickey A. Justice, by Deed dated the 12th day of May, 2009, from Janice L. Murray, which is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book 649 at page 205. TRACT ONE: The surface of that certain lot or parcel of land situate near Harvey Fayetteville District, Fayette County, West Virginia, more particularly described as follows: Lot No. 214 of the Harvey-Prudence Subdivision, which lot is shown on a map thereof of record in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 7, pages 6 and 7. TRACT TWO: All those certain lots or parcels of real estate, together with the improvements thereon, lying and being at or near Harvey, in Fayetteville District of Fayette County West Virginia, and more particularly described and designated, as follows: Lot Nos. 215 and 216 of the Harvey-Prudence Subdivision as the same are shown on a map or plat thereof; which map is of record in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 7, at pages 6 and 7, to which map reference is here made for a further and more particular description of the real estate hereby conveyed. And being the same property conveyed to Mickey A. Justice by deed dated the 21st day of August 2006, from Betty L. Mills, FKA Betty L. Samples, individually and as Executrix of the Estate of Nancy Murray, which is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 624 at page 273. Said property will be sold upon the following terms and conditions: 1. Cash in hand on day of sale. 2. The property will be conveyed in an “AS IS” condition by Deed containing Special Warranty of Title, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, validly enforceable prior liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property. 3. The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4. The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5. The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, or remove any personal property and/or belongings remaining at the property. 6. The purchaser(s) at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property. 7. In the event there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. CARL W. ROOP, TRUSTEE 11-24-THU-2-FT; 462