NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE and Notice of the Beneficiary/Servicer's election to sell property, is hereby given pursuant to and by virtue of the authority vested in the Trustee(s) by that certain Deed of Trust dated March 14, 2005, executed by Garnett M. Lemley, A.K.A. Garnet M. Lemley to Barry Dobson and George M. Cipriani, Trustees, of record in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2005, at Page 581. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated December 22, 2016, of record in the Clerk's Office in Book 388, at Page 597. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the side door of the Courthouse of Cabell County, in Huntington, West Virginia, on: TUESDAY, JANUARY 31, 2017, 10:35 O'CLOCK A.M. All that certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situated in the City of Huntington, Kyle District, Cabell County, West Virginia, and being more particularly bounded and described as follows: Known and designated on the revised map of the said City of Huntington mad by L. W. Leete, Civil Engineer, which map was filed in the aforesaid Clerk's Office on December 31, 1903, as the westerly one-half (1/2) of Lot No. Three (3), in Block No. Twenty-Four (24), being a lot Thirty (30) by Two Hundred (200) feet. This is the same property conveyed unto Garnett M. Lemley by deed dated January 12, 1974, of record in the Clerk's Office in Book 772, at Page 88. 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 Internal Revenue Service right of redemption, 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 11-22-2. 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 the 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) The total purchase price is payable to the Trustee by cashier's check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by cashier's check, cash or the equivalent. Given under my hand this 9th day of January, 2017. HEREFORD & RICCARDI, PLLC- TRUSTEE By: Philip B. Hereford, Member Hereford & Riccardi, PLLC 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 1687 LH-49394 1-23,30; 2017
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