NOTICE OF TRUSTEE SALE NOTICE IS HEREBY GIVEN that by virtue of the authority vested in the undersigned Trustee by that certain deed of trust executed by Frank E. Brizendine to Janet Sowder and Charles C. Amos, Trustees, which said deed of trust is dated the 1" day of August, 2007, and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book No. 2172, at Page 302, by which was conveyed to the said Trustees the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein and default having been made in the payment of said note, and the said Charles C. Amos, Trustee, having been requested so to do by the owner and holder of said note, shall sell to the highest and best bidder on The 3rd day of February, 2017 at 10:00 a.m., at the East Front Door of the Courthouse of Cabell County, West Virginia, the following described real estate: DESCRIPTION All that certain piece or parcel of land situate in the City of Huntington, Cabell County, West Virginia, as shown on the revised map of the S.L. Cunningham Subdivision of Lots 123, 124, 125 and 126 of Marcum Addition to the City of Huntington, which said Cunningham map, dated October 16, 1944, was made by Breece and Carper, Engineers, and is filed and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Map Book 4, as Map 84 and supercedes a like map of the said S.L. Cunningham Subdivision recorded in Map Book 3, as Map 91, and being the remainder of the whole of Lot Number 3, and more particularly described as follows: Beginning at a yellow plastic cap (set) in the easterly right of way line of Twenty-Seventh Street West, N. 72 E., 59.42 feet to a yellow plastic cap (set) in the westerly right of way line of Evans Street; thence, with the westerly right of way line of Evans Street, S. 18 20' E., 214 feet to a point in the Old Baltimore and Ohio Railroad Company Right of Way; thence, S. 51 45' W., 77.6 feet to a point; thence, N. 18 20' E., 201.48 feet to a yellow plastic cap (set) in the right of way line of Twenty-Seventh Street West; thence and with a curving radius and in a northeasterly direction with said right of way line of Twenty-Seventh Street West to the point of Beginning, as is more fully shown of that certain Plat of Survey for Gary N. Midkiff and Nancie Midkiff, recorded in the aforesaid Clerk's Office in Deed 1046, at Page 150. TERMS OF SALE: 1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied, subject to the all property taxes, prior deeds, liens, reservations, encumbrances, restrictions, rights-of ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-l. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to 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 Trustee. 5) The 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. 6) 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. 7) Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same. 8) The total purchase price is payable to the Trustee by certified or cashier's check within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by certified or cashier's check. GIVEN under my hand this 20th day of December, 2016. Charles C. Amos, Trustee LH-49022 12-22,29;2016
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