NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that Arthur M. Standish and Joseph G. Bunn (the "Substitute Trustees"), being duly-appointed by The Huntington National Bank ("HNB") as Substitute Trustees under that certain Credit Line Deed of Trust (the "Deed of Trust") dated May 4, 2007 by and between Sun Down River Development, LLC ("SDRD") and Barry W. Dobson and Clayton Rice of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book No. 2154 at page 317 by the terms of that certain Designation of Substitute Trustee of record in the aforesaid Clerk's office in Book No. 376 at page 269, shall offer for sale and sell at public auction at 4602 Ohio River Road, Huntington, West Virginia 25702 on THURSDAY, September 29, 2016 AT 12:00 P.M. EASTERN TIME to the highest bidder therefore, all of HNB's right, title and interest, in and to all that certain real estate situate, lying and being between the right of way of the Baltimore & Ohio Railway Company and Ohio River in Guyandotte District, Cabell County, West Virginia, and bounded and described as follows: BEGINNING at a stake at the intersection of the northerly line of the Baltimore & Ohio Railway right of way line and the easterly line of a 40 foot street, which stake is 30 feet northerly from and at right angles to the center line of the Baltimore & Ohio Railway tracts and near where the West Virginia State Highway No. 62 Crosses said Baltimore & Ohio Railway Tract, east of Guyandotte, it also being the southwesterly corner of a 1.08 acre tract of land conveyed by the Ohio River Land Company, to John L. Whitten and Mary R. Whitten, by deed dated the 9th day of October, 1919, and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 167 at Page 100; thence from said beginning corner and with the easterly line of said 40 foot street and the westerly line of 1.00 acre tract of land due North 532 feet to the edge of the water of the Ohio River, when said river stands at pool stage; thence up said river with the edge thereof a distance of 590 feet, more or less, to a point; thence leaving said river due South 459 feet to a stake in the northerly right of way line of the Baltimore & Ohio Railway which said state is 30 feet northerly from and at right angles to the center line of the said Baltimore & Ohio Railway tract, and it also being the southeasterly corner of a 0.59 acre tract of land conveyed by the Ohio River Land Company to John L. Whitten and Mary R. Whitten, by their Deed bearing date the 26th day of September, 1919, and of record in the aforesaid Clerk's Office in Deed Book 166, at Page 391; thence with said northerly right of way line of the Baltimore & Ohio Railway South 77 32' West 593.85 feet to the BEGINNING, estimated to contain 6.8 acres, more or less, being the same property conveyed to Kenneth Edward Maxwell by Deed dated December 27, 1996, from Chevron USA, Inc., and of record in the aforesaid Clerk's Office in Deed Book 1012 at page 170, and being the same property conveyed unto SDRD, by Deed dated July 16, 1997 from Kenneth Edward Maxwell and Wilma Davis Maxwell and of record in the Office of the Clerk of the County Commission of Cabell, County, West Virginia in Deed Book 1021 at Page 258, together with all the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining. after default having been made by SDRD in the payment of $603,367.81 to HNB as required by that certain Promissory Note dated July 24, 2012 by and between SDRD and HNB and, upon such default, having been requested in writing to do so by HNB, the owner and holder of said Promissory Note. TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier's check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash within 30 days after the date of sale. The aforementioned conveyance shall be by Special Warranty Deed and shall be subject to any and all covenants, restrictions, and easements and running with the land and as the same may appear in instruments of record in the aforesaid Clerk's Office. Purchaser shall pay for all transfer stamps, recording fees, unpaid real estate taxes, and other closing costs. Joe R. Pyle Complete Auction & Realty Service will assist with the sale. At the sale, any person or entity may bid and may purchase such real estate if such person or entity is the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and other fees and costs, said excess must be used to satisfy any other encumbrances on said property and, after all said encumbrances, are satisfied, together with all interest and costs, any excess then remaining must be paid to the SDRD. If SDRD or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the aforesaid County for the benefit of SDRD or the holder(s) of any such encumbrance(s). Additional terms and conditions may be announced at the sale. Any sale hereunder may be adjourned from time to time without notice, other than oral proclamation at the time and place appointed for the sale, and the Substitute Trustees reserve the right to reject any or all bids. Dated: July 21, 2016. Joseph G. Bunn, as Substitute Trustee Steptoe & Johnson PLLC P. O. Box 1588 Charleston, WV 25326 LH-44756 8-22,29; 2016
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