NOTICE OF SUCCESSOR TRUSTEE'S SALE OF VALUABLE REAL PROPERTY AND MOBILE HOME UNITS Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, James W. Lane, Jr. and Bradford P. Bury, by that certain Deed of Trust made by Terry A. Berry and Susan M. Berry, dated September 6, 2003, and recorded September 16, 2003 in Cabell County Trust Deed Book 1877 at page 234, securing a Promissory Note made by Terry A. Berry and Susan M. Berry, payable to The Ohio Valley Bank Company, that the payment of the Promissory Note secured by the aforesaid Deed of Trust is in default. The owner and holder of the Promissory Note has requested in writing that James W. Lane, Jr. and Bradford P. Bury, acting as Successor Trustees by the Appointment of Successor Trustee dated January 10, 2017, offer for sale at public auction to the highest bidder at the front door of the Courthouse of Cabell County, West Virginia, on March 1, 2017 at 10:00 a.m., all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, described as follows: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, being situate in Union District, Cabell County, West Virginia, being more particularly bounded and described as follows: BEGINNING at an iron pipe in the old county road and being a common corner to the B. W. Green and the John W. Meadows property, said pipe bears N 24 00' E., 1113 feet from the northeast corner of the Fairview cemetery; thence, leaving the old county road and leaving said Green property and with said Meadows line as follows: N. 80 45' W., 199.00 feet to a triple 6 inch ash; thence, S. 71 44' W., 444.70 feet to a 18 inch maple; thence, S. 5 38' W., 137.50 feet to a 5 inch locust snag; thence, S. 64 00' W., 442.90 feet to a iron pipe; thence, S. 14 16' E., 132.10 feet to a point; thence, leaving said Meadows property, S. 85 11' W., 172.90 feet to a iron pipe and being a corner to the Denzil Berry property; thence, with said Berry line as follows: N. 13 21' E., 370.70 feet to an iron pipe; thence, N. 38 52' E., 281.80 feet to an iron pipe; thence, N. 37 06' W., 225.00 feet to an iron pipe; thence, N. 32 37' E., 227.00 feet to an iron pipe; thence N. 51 35' E., 877.80 feet to an iron pipe; thence, S. 55 59' E., 292.00 feet to an iron pipe; thence, S. 29 20' E. 556.70 feet to an iron pipe in the old county road and being a corner to the above mentioned B. W. Green property; thence, with said county road and with said Green line as follows: S. 66 42' W., 140.70 feet to a point; thence, S. 50 08' W., 222.60 feet to a point; thence, S. 13 52' W., 40.90 feet to the beginning and containing 21.456 acres, more or less. This conveyance includes the right to use the private driveway located at the southeast portion of the above-described property, for ingress and egress to Spurlock Creek Road, as shown on a plat of survey, prepared by Victor H. Fowler, L.L.S. #3326, titled "Plat of Survey for Denzil Berry of a Tract of Land Containing 21.456 acres, more or less", appearing of record in Deed Book 861, at Page 664. At the time of execution of the deed of trust, the grantor represented that the address of the property was Route 1 Box 305G, Lesage, WV 25537. In addition to the Premises, the Trustee will also sell, at the same auction, the following mobile home units titled in the name of Terry A. Berry and Susan M. Berry that serve as collateral for the Note: Clayton 1992 28 x 70 H0NC16028CK312 5554AB The authority of the Trustee to sell the Mobile Home Units is the Security Agreement signed by Terry A. Berry and Susan M. Berry dated September 6, 2003, pursuant to which they gave a security interest in the Mobile Home Units as collateral for the same Note that is secured by the Deed of Trust identified above. The Ohio Valley Bank Company is noted as a lien holder against the original certificates of title, and The Ohio Valley Bank Company will assign the titles and the Mobile Home Units to the purchaser at the sale, along with a deed to the Premises. TERMS OF SALE: The Premises will be sold "AS IS, WHERE IS," in its present condition and with all faults and defects, if any. The Premises will be conveyed by deed with no covenants of warranty of title. The Premises shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The Premises shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk's office or visible upon the ground. The Premises will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and The Ohio Valley Bank Company shall not be responsible for the removal of any person or personal property from the Premises. Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale. Dated: January 25, 2017 James W. Lane, Jr., Esq. Bradford P. Bury, Esq., M.B.A. Successor Trustees 200 Capitol Street P.O. Box 3843 Charleston, WV 25338 (304) 205-6373 LH-49908 1-31;2-7;2017
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