NOTICE OF SUCCESSOR TRUSTEES' SALE NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Credit Line Deed of Trust dated the 21st day of November, 2008, made and executed by Pearly Thompson and Paula D. Thompson, to Scott D. Maddox as Trustee for the benefit of Farm Credit Services of Mid-America, FLCA, now known as Farm Credit Mid-America, FLCA, a corporation duly existing and operating under an Act of Congress known as the Farm Credit Act of 1971, and recorded in office of the Clerk of the County Commission Wayne County, West Virginia, in Trust Deed Book 679, at page 373, default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated the 15th day of December, 2016, and recorded in the aforesaid Clerk's office in Trust Deed Book 782 at page 242, the undersigned Successor Trustees will sell at public auction to the highest bidder on Friday, February 24, 2017, at 1:00 p.m. at the main entrance to the Courthouse of Wayne County, West Virginia, located at 700 Hendricks Street in Wayne, West Virginia, the following described real estate: All those certain piece, parcels or tracts of real estate, situate, lying and being on the waters of Mill Creek, Lincoln District, Wayne County, West Virginia, being bounded and described as follows: TRACT NO. ONE: All the land conveyed from Marinda Thompson and Elias Thompson, her husband, to Gypsy Thompson on the waters of Mill Creek and on Lick Branch of Wayne County, West Virginia, in two tracts, One containing Ten acres and the other tract containing Twelve and one-half (12 1/2 ) acres, and for further particulars as to metes and bounds, reference is made to deed from Stephen Thompson, to Elias Thompson and recorded in the County Court Clerk's Office on the 24th day of May, 1897, in Deed Book 44, at page 599, for description of 10 acres, and first day of November, 1880, in Deed Book No. "Q", at page 458, supposed to contain 12 1/2 acres, more or less, containing in both tracts 22 1/2 acres. TRACT NO. TWO: BEGINNING at a cucumber just above the County Road, thence to a small popular sic at the end of a ledge of big rocks; thence up the hill to the Hampton line thence turning to the left and with the Hampton line and Lackey line down the point to a ash corner of a 12 1/2 acre tract; thence turning left facing up the creek and running with the fence just above the State Route to the place of Beginning, containing 8 1/2 acres, more or less. Being the same property conveyed to Pearly Thompson and Paula D. Thompson, husband and wife, by Sue Williamson, Adam Farley and Daniel Farly, by Deed dated the 21st day of November, 2008, and recorded in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book 661, at page 409. The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described above; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the property. The Successor Trustees make no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. Cash in hand on the day of sale. The successful bidder shall tender ten percent (10%) of the total purchase price to the Successor Trustees by certified or cashiers' check or electronic fund transfer payable to the Successor Trustees on or before 5:00 p.m. EST on February 24, 2017, the date of sale. The remaining balance of the total purchase price must be paid to the Successor Trustees by certified or cashiers' check or electronic fund transfer no later than thirty (30) days after the date of sale. 2. Upon conclusion of the sale, a Memorandum of Sale will be executed reflecting the sale of the property and the purchase price. Time is of the essence. If the purchaser fails to deliver the purchase price within the prescribed time, at the Successor Trustees' sole discretion, the Successor Trustees will either (a) file suit to enforce specific performance, (b) convey the property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the property pursuant to the aforesaid Credit Line Deed of Trust. 3. The beneficiary of the aforesaid Credit Line Deed of Trust and the holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 4. The property may be sold either as a whole or in parcels in the Successor Trustees' sole discretion. 5. The Successor Trustees reserve the right to accept or reject any bids. 6. The property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service's right of redemption, if any. 7. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 8. The subject real property will be sold in "AS IS" condition. The Successor Trustees make no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 9. The Successor Trustees will deliver a trustees' deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code 38-1-6 upon receipt of the purchase price in good and available funds. If the Successor Trustees fail, refuse or for any reason are unable to convey title to the property or suit is filed challenging the sale, the Successor Trustees reserve the right to set aside the sale and void the Memorandum of Sale. In such event, the purchaser's sole remedy at law and in equity is limited to the return of the amount actually paid by purchaser and the sale shall be null and void and of no further effect. 10. The Successor Trustees shall be under no duty to cause any existing tenant or person occupying the subject real property to vacate said property. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the subject real property may be covered by the provisions of West Virginia Code 38-1-16. 11. The Successor Trustees shall be under no duty to cause any items of personal property remaining at the subject real property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code 38-1-17, to the extent such statute applies. 12. The Successor Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above. 13. Employees, directors and officers of Farm Credit Mid-America, FCLA, and their immediate family and companies in which they have an interest are not eligible under federal regulations to purchase this property at foreclosure. 14. Announcements made on the day of sale take precedence over these Terms of Sale. Given under my hand this 17th day of January 2017. MARK D. CLARK Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 273 Charleston, West Virginia 25301 (304) 340-3876 W. ERIC GADD Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 831 Wheeling, West Virginia 26003 (304) 230-6977 LH-49641 2-1,8,15,2017
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