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 February 5, 2004, executed by Frank B. McKinley and Rebecca L. McKinley to Mitchell Lee Klein, Trustee, of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Book 586, at Page 380. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated January 16, 2015, of record in the Clerk's Office in Book 759, at Page 333. 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 front door of the Courthouse of Wayne County, in Wayne, West Virginia, on: TUESDAY, JANUARY 31, 2017, 9:15 O'CLOCK A.M. All that certain lot or parcel of property near Lynn Oak Drive at Lavalette in Union District, of Wayne County, West Virginia, being more particularly bounded and described as follows: BEGINNING at a one inch pipe (set) in the south line of Gary R. Hoback (DB 303 PG 2) and south 82-19-33 West 89.26 feet from a point at the west right of way line of a twelve foot alley and at the southeast corner of Hoback, thence leaving Hoback and running thru the land of Sam Maynard (DB 611 PG 698 Parc #2), South 04-50-08 East 81.18 feet to a one inch pipe (set) at the north right of way line of a twelve foot alley; thence running with said right of way line, South 82-55-59 West 80.17 feet to a one inch pipe (set); thence leaving the alley and running thru the land of Sam Maynard, North 05-59-42 West 80.26 feet to a one inch pipe (set) in the south line of Gary R. Hoback (DB 422 PG 459); thence running with the south line of Hoback, North 82-19-33 East 81.83 feet to the point of beginning containing 6,533.8 square feet or One Hundred Fifty Thousandths (0.150) Acre with a twelve foot wide right of way out to Lynn Oak Drive as shown on the accompanying plat of survey. This is the same real estate conveyed unto Frank B. McKinley and Rebecca L. McKinley, by Deed dated November 28, 2001, of record in the Clerk's office in Book 617, at Page 185. 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-49392 1-18,25; 2017
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