NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Cabell West Virginia, and by Deed of Trust dated May 29, 2015, executed by Norman Arthur and Mary Arthur unto Flynn, Max, Miller & Miller, L.C., Trustee, which deed of trust is of record in the Office of the Clerk of Wayne County, West Virginia, in Trust Deed Book 763 at Page 445, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on January 26, 2017 at 11:15 a.m. to the highest bidder at the east front door of the Courthouse of said County of Wayne, in Wayne, West Virginia, which real estate is more completely described as follows: Beginning at a rebar and cap (set) at the east right of way line of Norfolk-Southern Railway and the northwest corner of Mary E. Vanscoy (DB 651 PG 337): Then leaving Vanscoy and running with said right of way line along the arc of a curve to the right having a radius of 911.24 feet and a chord which bears, North 18-40-29 West 87.11 feet to a rebar and cap (set) at the southwest corner of Tact #1; Thence leaving Norfolk-Southern Railway and running with the south line of Tract #1; North 66-51-36 East passing a rebar and cap (set) at 78.02 feet, in all 88.02 feet to a point in the center of an old existing road, at the southwest corner of James E. Williams (DB 278 PG 496) and the northwest corner of Jerry Lynn Ball (WB 41 PG 463); Thence leaving Tract #1 and Williams, running along the center of the old road with the west line of Ball, South 35-36-20 East 90.00 feet to a point at the northeast corner of Mary E. Vanscoy (DB 651 PG 337); Thence leaving Ball and the old road, running with the north line of Vanscoy, South 67-22-36 West passing a rebar and cap (set) at 10.00 feet, in all 114.23 feet to the point of beginning containing 8,891.6 square feet or Two Hundred Four Thousandths (0.204) Acre and being subject to a mutual right of way over the old existing road to State Route #152 as shown on the accompanying plat of survey. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways, and easements of any nature whatsoever 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 3rd day of January, 2017. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-49327 1-6,13; 2017
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