NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 17th day of May 2005, signed by Edward L. Fowler and Andrea D. Fowler, husband and wife as joint tenants with right of is survivorship, to Richard A. Pill or David D. Pill, Trustees, which said deed of trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2009, at page 519, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 9:00 o'clock A.M. on the 30th day of AUGUST 2016 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: Situated in the State of West Virginia, County of Cabell and in the District of Guyandotte: BEING ALL that certain lot, piece or parcel of land, situate in Guyandotte District, Cabell County, West Virginia on the waters of Four Pole, a tributary of the Ohio River, and is located on State Local Service Route 35, known as Green Valley Road, and is about 1.1 miles south of its intersection with West Virginia State Route Ten, designated hereafter as PARCEL ONE, and being more particularly described as follows: Beginning at a rebar (set) at the southwest corner of a tract of land now or formerly owned by Fowler (Deed Book 1067, page 417) and the said beginning bears North 45 degrees 36 minutes 02 seconds West, a distance of 4.71 feet from a PK nail in a concrete driveway; thence North 45 degrees 30 minutes 00 seconds East, a distance of 48.12 feet; thence North 41 degrees 14 minutes 23 seconds East, a distance of 25.38 feet; thence South 54 degrees 13 minutes 13 seconds East, a distance of 42.76 feet to rebar (set); thence South 35 degrees 47 minutes 50 seconds West, a distance of 30.40 feet to a rebar (set); thence South 47 degrees 36 minutes 00 seconds East, a distance of 81.43 feet to a rebar (set); thence south 47 degrees 30 minutes 00 seconds West, a distance of 90.42 feet to a pipe (found); thence North 40 degrees 59 minutes 00 seconds West, a distance of 105.40 feet to a 5/8 inch by 32 inch rebar (set) with an orange plastic cap labeled "D. Porter H&T PLS 357; thence crossing the said driveway North 13 degrees 01 minutes 34 seconds East, a distance of 34.15 feet to the beginning, containing 11,372.772 square feet or 0.261 acres, more or less, as shown on the attached plat which is to be recorded as a part of this instrument (never recorded). Together with a 15 foot strip easement at all times and for all purposes connected with the use and enjoyment of the land previously conveyed and the grantor's remaining premises, in common with all other persons having the like right at all times hereafter, to pass and re-pass over and along the 15 foot easement as designated 7.5 feet right and left of a centerline through a tract of land now or formerly owned by Fowler (deed book 1067, page 417) and additionally along an extension of this easement the description of which is recorded in Deed Book 1062 at page 264, and as extended to the public road known as West Virginia State Local Service Route 35, Green Valley Road. Subject, however to a 15 foot strip easement entirely across the land described above and extending from parcel two through the land described above; the actual location of the easement is to be where the existing driveway is at this present time. Prior Deed Reference: Part Deed Book 1083 at page 676 and part of said tract the easterly portion; See Plat at Deed Book 1083 at page 680. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 4014 1/2 Earl Drive, Huntington, West Virginia 25701 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. FEDERAL TAX LIEN: In the event that 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. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. GOLDEN & AMOS, PLLC, TRUSTEE 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485 3851 Fax (304) 485-0261 E-mail: vgolden@ goldenamos.com LH-44893 8-16,23; 2016
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