TRUSTEE’S SALE OF VALUABLE REAL ESTATE

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustees, by virtue of the authority vested in them by that certain Deed of Trust dated December 14, 2009, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed of Trust Book 5037, at Page 9181, R. James Yates and Patricia F. Yates did convey unto Mike Day and Carl W. Roop, Trustees, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Richard A. Pill and David D. Pill as Substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustees having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse, in Beckley, West Virginia, on Wednesday, January 14, 2015, at 10:09 a.m. The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Shady Spring District, Raleigh County, West Virginia, and more particularly described as follows: Those three certain lots or parcels of land, situated in Shady Spring District, Raleigh County, West Virginia, and being Lots Thirty-one (31), Thirty-two (32) and Thirty-three (33) of Flat Top Lake and Park, a copy of which map is recorded in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Deed Book No. 312, at Page 183. This deed is made and accepted subject to the by-laws, rules, regulations and restrictions of the Flat Top Lake Association, Inc., a corporation, now in full force and effect, as set forth and referred to in that certain deed from the aforesaid Association to J. G. Anderson, dated the 28th day of April, 1952, and of record in the aforesaid County Clerk’s Office in Deed Book 312, at Page 183, together with such changes, amendments, alterations and additions as may be made thereto by the said Flat Top Lake Association, Inc., a corporation, its successors or assigns, and Flat Top Lake Association reserves the right to exercise over the use, occupation and maintenance of said property hereby conveyed all of said rules, regulations, restrictions, and by-laws mentioned in said deed, or which may be changed, amended, altered or added thereto, together with the right to make such changes, amendments, alterations and new rules and regulations as it may see fit, with the same force and effect as if each, every and all of the same were set forth in full and at large in this deed; and reference is here made to said deed between Flat Top Lake Association, Inc., a corporation, and J. G. Anderson, dated the 28th day of April, 1952, and to the record thereof in said Clerk’s Office, for a full, specific and detailed statement of all of the said rights, powers and privileges granted by said deed, and all of the said rules, regulations, restrictions and by-laws of the aforesaid Association, and of all the said covenants, restrictions, reservations and conditions to which this deed is hereby made subject. This deed is also made and accepted subject to the following covenants and agreements contained in the deed conveying said lot to the first owner under deed from Flat Top Lake Association, Inc., to-wit: “The said second party covenants and agrees to and with the said party of the first part, its successors and assigns, that in the use of the property hereby conveyed, he will conform to said rules, regulations, restrictions and by-laws governing said Flat Top Lake and Park as set forth in said deed, together with such changes, amendments, alterations and additions as may be made thereto by the said party of the first part, its successors or assigns.” At the time of the execution of the deed of trust, this property was reported to have a mailing address of Lots 31, 32 and 33, Flat Top Lake, Ghent, WV 25843. AND BEING the same real estate which was conveyed to R. James Yates and Patricia F. Yates, by Deed dated December 11, 2009, from R. James Yates, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5037, at Page 9180. The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of sale. David D. Pill, Substitute Trustee Richard A. Pill, Substitute Trustee PO Box 440, 85 Aikens Center Martinsburg, WV 25404 Phone (304) 263-4971 Fax (304) 267-5840 E-mail: pillforeclosures@ earthlink.net 1-13-TUE-3-RH L 2324