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 July 13, 2011, executed by Borrower, Dwain C. Swann, to Josh Rayle, the Trustee, of record in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2390, at Page 167. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1580 Upland Rd, Huntington, WV 25701. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 14, 2016, of record in the Clerk's Office in Book 386, at Page 618. 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 Cabell County, in Huntington, West Virginia, on the following date: September 9, 2016 at 1:06 p.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 Huntington District, Cabell County, West Virginia, and being more particularly described as follows: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF CABELL, STATE OF West Virginia, AND IS DESCRIBED AS FOLLOWS: SITUATED IN THE STATE OF WEST VIRGINIA, COUNTY OF CABELL AND IN THE CITY OF HUNTINGTON. PARCEL ONE ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF HUNTINGTON, CABELL COUNTY, WEST VIRGINIA, KNOWN AND DESIGNATED ON A REVISED MAP OF THE UPLANDS, A COPY OF WHICH MAP IS OF RECORD IN THE CABELL COUNTY COMMISSION CLERK'S OFFICE, WEST VIRGINIA, IN MAP BOOK 3, AS MAP 53, AS THE SOUTHERLY 25 FEET OF LOT NUMBER ONE HUNDRED SEVENTY-FOUR (174) AND THE NORTHERLY PART OF LOT NUMBER ONE HUNDRED SEVENTY-FIVE (175) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF UPLAND ROAD, WHICH POINT IS SOUTHERLY 15 FEET FROM THE CORNER BETWEEN LOTS 173 AND 174 AS SHOWN ON SAID MAP; THENCE EASTERLY PARALLEL TO AND 15 FEET SOUTHERLY FROM THE LINE BETWEEN LOTS 173 AND 174, 130 FEET TO A POINT IN THE WEST LINE OF A 20 FOOT ALLEY; THENCE WITH SAID ALLEY LINE, SOUTHERLY 40 FEET; THENCE WESTERLY PARALLEL TO AND 15 FEET SOUTH OF THE LINE BETWEEN LOTS 174 AND 175, 120 FEET; THENCE WITH AN ANGLE TO THE RIGHT, NORTHWESTERLY 11.2 FEET TO A POINT IN THE SAID LINE OF UPLAND ROAD; THENCE WITH SAID LINE, NORTHERLY PASSING AT 10 FEET THE CORNER BETWEEN SAID LOTS 174 AND 175, IN ALL 35 FEET TO THE POINT OF BEGINNING. PARCEL TWO ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATED IN THE CITY OF HUNTINGTON, CABELL COUNTY, WEST VIRGINIA, BEING KNOWN AND DESIGNATED ON A REVISED MAP OF THE UPLANDS, A COPY OF WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF CABELL COUNTY, WEST VIRGINIA, IN MAP BOOK NO. 3, AS MAP NO. 53, AS THE SOUTHERLY PART OF LOT NUMBER ONE HUNDRED SEVENTY-FIVE (175) AND THE NORTHERLY TEN FEET OF LOT NUMBER ONE HUNDRED SEVENTY-SIX (176), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF UPLAND ROAD WHICH POINT IS 10 FEET SOUTH OF THE CORNER BETWEEN LOTS 174 AND 175, AS SHOWN ON SAID MAP; THENCE WITH THE SAID LINE OF UPLAND ROAD, SOUTHERLY 40 FEET; THENCE EASTERLY, PARALLEL TO AND 10 FEET SOUTH OF THE LINE BETWEEN LOTS 175 AND 176, 130 FEET TO A POINT IN THE WEST LINE OF A 20 FOOT ALLEY; THENCE WITH SAID ALLEY LINE, NORTHERLY 35 FEET; THENCE WESTERLY, PARALLEL TO AND 15 FEET SOUTH OF THE LINE BETWEEN SAID LOTS 174 AND 175, 120 FEET; THENCE WITH AN ANGLE TO THE RIGHT, NORTHWESTERLY 11.2 FEET TO THE POINT OF BEGINNING. Parcel ID: 05 61 0453 Being the same property conveyed to Dwain C. Swann by the Deed dated June 4, 2010 and recorded in Deed Book 1216, at Page 507, in the Office of the Clerk of the County Commission of Cabell 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-45235 8-19,26; 9-2;2016
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