NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated April 22, 2011, executed by Borrower, Pennie A. Tackett, to Mitchell Lee Klein, the Trustee of record in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Book 711, at Page 477. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 222 Old NW Railroad Rd, Genoa, WV 25517. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated March 24, 2016, of record in the Clerk's Office in Book 773, at Page 790. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Wayne County, in Wayne, West Virginia, on the following date: June 16, 2016 at 10:30 a.m. The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Butler District, Wayne County, West Virginia, and being more particularly described as follows: All that certain tract or parcel of property on Old N&W Road and West Fork of Twelvepole Creek at Sidney in Butler District of Wayne County, West Virginia being more particularly described as follows: Beginning at a point in the west right of way line of Old N&W Road at the northeast comer of Mary Linda Rieder (DB 625 PG 581) and south 83-56 west from a twenty four inch walnut; Thence leaving old N&W Road and running with Rieder, South 83-56-10 West passing a rebar and cap (set) at 38.86 feet, in all 58.86 feet to a point at the east edge of Twelvepole Creek; Thence leaving Rieder and running down said creek with its meanders, North 12-20-34 West 260.37 feet; North 25-25-40 West 53.14 feet; North 06-40-22 West 71.09 feet; North 03-21-21 East 37.87 feet; North 17-48-44 East 35.50 feet; North 29-07-47 East 53.14 feet; North 37-25-01 East 86.26 feet; North 60-40-14 East 55.76 feet; North 80-17-01 East 27.66 feet; North 54-50-58 East 128.42 feet; North 66-05-05 East 67.75 feet; Thence leaving Twelvepole Creek; South 48- 21-36 East 27.66 feet to a point in the west right of way line of Old N&W Road and north 48-22 west 15.21 feet from a twenty inch walnut; thence running with said right of way line along the arc of a curve to the left having a radius of 1106.96 feet and a chord which bears, South 29-05-30 West 240.83 feet to a point of compound curve; thence continuing with said right of way line along the arc of a curve to the left having a radius of 1165.69 feet and a chord which bears, South 13-05-35 West 469.09 feet to the point of beginning containing 102,516.7 square feet or Two and Three Hundred Fifty Three Thousandths (2.353) Acres. Being the same property conveyed to Pennie A. Tackett by the Deed dated April 22, 2011 and recorded in Deed Book 676, at Page 298 in the Office of the Clerk of the County Commission of Wayne County, West Virginia. 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 11-22-1. 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) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Blvd P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@ pillwvlaw.com LH-43035 5-28; 6-4,11; 2016
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