NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 14th day of November 2005, signed by Eric C. Fetty and Stephanie R. Fetty, husband and wife, to David G. Underwood, Trustee, 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 2058, at page 737, 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 7th day of JUNE 2016 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: Situate in the State of West Virginia, County of Cabell and in the District of McComas: BEGINNING at a 3/4 inch rebar (found) at the base of a 24 inch Fallen Oak at a common corner between Michael D. & Susan L. Goodall (DB 981, Page 483) and Steven M. and Kathy A. Bragg (DB 753, page 536); thence, leaving said Goodall and Severing the lands of said Bragg, S. 38 degrees 40' 47" W. 48.37 feet to a 3/4 inch rebar (set); thence, N. 83 degrees 55' 35" W. passing intermediate 3/4 inch rebars (set) at 197.10 feet and 326.62 feet, a total of 451.62 feet to a 3/4 inch rebar (set) in the easterly line of a 25 foot wide right of way, N. 06 degrees 24' 33" W. 69.25 feet) to a 3/4 inch rebar (set); thence N. 48 degrees 34' 40" W. 28.17 feet to a 3/4 inch rebar (set), at a point of tangency with a curve to the right having a radius of 150.00 feet; thence northwesterly, northerly and northeasterly along the arc of said curve a distance of 180.69 feet (said are subtended by a chord which bears N. 41 degrees 04' 05" W. 169.96 feet) to a 3/4 inch rebar (set) in the easterly edge of said right of way; thence, leaving said right of way S. 61 degrees 54' 58" E. 119.40 feet to a 3/4 inch Mine Bolt (found) at the southwest corner of Gregory M. Pinniello & Marcia A. Harrison (DB 876, page 427); thence, with the southerly line of said Pinniello and Harrison, S. 54 degrees 06' 53" E. 100.00 feet to a 3/4 inch Mine Bolt (found) at the southeast corner of said Pitannielo and Harrison and at the southwest corner of said Goodall; thence, leaving said Pitanniello and Harrison and with the southerly line of said Goodall; S. 74 degrees 40' 53" E. passing an intermediate 3/4 inch Mine Bolt (found) at 120.00 feet, a total of 236.52 feet to a 36 inch oak (found) with 3 tracks on the north side; thence S. 45 degrees 00' 50" E., 204.99 feet to the POINT OF BEGINNING, containing 2.18 acres, more or less, as surveyed by Michael Kerthley, PS, No. 1832, and shown on a plat dated 14 October 2005, attached hereto and incorporated herein. All bearings cited herein are referenced to true meridian per solar observation at the site. INCLUDING, a 25 foot wide right of way of ingress and egress, now known as Walkers Pointe Road, as shown on a Plat of Survey for Steve M. and Kathy A. Bragg, dated 01 July 2001, recorded in Map Book 12 as Map 130. This conveyance is made subject to any and all covenants, restrictions, agreements, easements, and rights of way as the same may appear in instruments of record in the said Clerk's Office and running with the land, including that certain Declaration of Covenants, Conditions, Restrictions, Reservations and easements for Walkers Pointe, a subdivision, dated 07 June 2002, and recorded in the said Clerk's Office in BCL Book 322 at page 77. 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: Lot 7 Walkers Point Barboursville West Virginia 25504 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-42772 5-24,31; 2016
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