NOTICE OF TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Greenbrier West Virginia, and by Deed of Trust dated March 6, 2008, executed by Donald W. Osborne and Cathy Osborne to BB&T Collateral Service Corporation, Trustee, which deed of trust is of record in the Office of the Clerk of Greenbrier County, West Virginia, in Trust Deed Book 629 at Page 8, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Sub-stitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on May 7, 2015, at 1:30 PM to the highest bidder at the front door of the Courthouse of said County of Greenbrier, in Lewisburg, West Virginia, which real estate is more completely described as follows:
ALL THAT CERTAIN TRACTS OR PARCELS OF LAND SITUATED ON THE WATERS OF BEAVER CREEK MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
BEGINNING AT A STAKE ON BURNS LINE, NORTH 19 EAST 23 POLES TO A DOGWOOD IN THE EDGE OF A FIELD, NORTH 35 EAST 94 POLES TO A STAKE ON THE LINE OF ICA REMLEY AND WITH SOUTH 49 EAST 12 POLES TO A STAKE Y FENCE, SOUTH 19 EAST 92 POLES TO A STAKE ON WHAT WAS FORMERLY THE BURNS LINE, SOUTH 88 WEST 96 POLES TO THE PLACE OF BEGINNING, CON-TAINING 35 ACRES 2 RODS AND 15 POLES BE THE SAME MORE OR LESS.
PARCEL NO. 2:
BEGINNING AT A CHERRY TREE ON THE LINE OF PARCEL NO. 2 AND LEAVING SAME SOUTH 51 EAST 51 POLES TO RED OAK BY PUBLIC ROAD, SOUTH 20 WEST 18 POLES TO A DOGWOOD NEAR A GATE SOUTH 4 WEST 36 POLES TO A WHITE OAK ON ROAD SOUTH 88 WEST 7 POLES TO A HICKORY BELOW THE ROAD NORTH 18 WEST 92 POLES TO THE PLACE OF BEGINNING CONTAINING 7 ACRES AND 80 POLES.
THE TWO PARCELS IN THE AGGREGATE 43 ACRES AND 15 POLES AS A BOUNDARY.
THE ABOVE DESCRIBED TWO PARCELS ARE SUBJECT TO THE RESERVATION A RIGHT-OF-WAY RESERVED IN A CERTAIN DEED FROM CW JUDY AND HIS WIFE, TO JOHN F. BRACKENRIDGE AND HIS WIFE, DATED DECEMBER 12, 1913 AND RECORDED IN SAID CLERK’S OFFICE IN DEED BOOK 85 AT PAGE 561.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, condi-tions, right of ways and easements of any nature whatsoever.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5.The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6.The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 9th day of April 2015.
J. Patrick Jones, Substitute Trustee