NOTICE IS HEREBY GIVEN that R. Mike Mullens, Substitute Trustee under that certain deed of trust dated the 23rd day of May, 2011, made by MICHAEL W. PHILLIPS AND ALINOR R. PHILLIPS to Earl W. Maxwell, as Trustee, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Trust Deed Book 483, at page 796. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under that certain Deed of Trust. Accordingly, the Substitute Trustee will offer for sale at public auction the following described property, to the highest bidder at the front door of the Randolph County Courthouse, on:

THURSDAY, FEBRUARY 4, 2016 at 10:00 o’clock a.m.,

All that certain lot or parcel of real estate 0.25 acres, being Lot 38 of the Wildwood Subdivision, situate in Valley Bend District, Randolph County, West Virginia, and being commonly known as 3587 Poplar Drive, Dailey, WV 26259 and as shown upon a plat of said Subdivision of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 283, at page 291.

AND BEING the same real estate as conveyed unto Michael W. Phillips and Alinor R. Phillips by Joseph B. Swecker, Jr. by deed dated May 23, 2011, and of record in Deed Book 546, at page 125.

This conveyance is made subject to all existing reservations, restrictions, exceptions, conditions, easements, rights of way or other servitudes, if any, made, reserved or created in prior deeds of record in said Clerk’s office, or which would be disclosed by a visual inspection of the premises. For the stated consideration, the Grantor does further grant and convey unto the Trustee all rights of way and easements, together with all appurtenances pertaining to the aforesaid real estate, whether presently owned or hereinafter acquired, which are matters of record in said Clerk’s office or otherwise.

1. The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, assessments, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions, of any nature whatsoever, of record in the Clerk’s office or affecting the subject property.
2. The Beneficiary and/or Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
3. The Substitute Trustee reserves the right to reject any and all bids received and 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 Substitute Trustee.
4. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
5. The total purchase price is payable to the Substitute Trustee by certified or cashiers check within fifteen (15) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Substitute Trustee at sale by certified or cashiers check.
6. The Substitute Trustee reserves the right to reject any and all bids received and to continue said sale from time to time, upon announcement thereof given verbally on the day of sale and any continuances thereof.

Given under my hand this 12th day of January, 2016.

R. MIKE MULLENS, Substitute Trustee
WV State Bar No. 2672
324 Randolph Avenue
Elkins, WV 26241
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