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 May 25, 2005, executed by the Borrower, Alison E Clagg, to Richard A. Pill, the Trustee of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2012, at Page 327. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 63 Lucky Day Ln., Ona, WV 25545. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated October 28, 2016, of record in the Clerk's Office in Book 388, at Page 278. 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: April 26, 2017 at 12:34 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 Union District, Cabell County, West Virginia, and being more particularly described as follows: A new tract of land located east of West Virginia County Route 11 along Big Cabell Creek being located in the Union Magisterial District of Cabell County West Virginia. This new tract of land being +/-0.931 acres portion of the parent tract of land held by Roger and Sarah Clagg as shown on Tax Map 23 as parcel 29.2 and as recorded in Deed Book 1034 at Page 547 in the Cabell County Clerks Office. The said new tract of land being more particularly described as follows: BEGINNING at a 8" fence corner post set on the eastern right of way line of said County Route 1/11 being a corner common to the said Clagg parcel and David and Marilyn Scarberry as shown on Tax Map 23 as parcel 29.1 and recorded in Deed Book 629 at page 644, thence following said right of way line North 00 26' 07" East 141.81 to a point thence continuing with said right of way North 04 30' 00" East 23.93' to a point, thence leaving said right of way and running across and upon the parent Clagg parcel South 84 30' 52" East 205.62' to #5 rebar and cap set, thence South 02 59' 33" East 201.34' to a #5 rebar and cap set by a wooden fence post, thence following the said wooden fence North 88 12' 27" West 141.74' to a #5 rebar and cap set on the western line of said Scarberry parcel, thence following said Scarberry North 10 15' 55" East 38.51'. to a fence post corner, thence North 81 19' 21" West 84.30' to the point of Beginning containing 0.931 acres more or less as surveyed by Earnest M. McCarty, Jr., P. S. #1001 on October 9, 2004, including the use of a 20' x 256.7' access easement and as shown on the plat of survey titled "PLAT OF SURVEY TWO TRACTS BEING CREATED WITHIN THE ROGER AND SARAH CLAGG TRACT CABELL COUNTY, WV" said plat to be recorded simultaneously herewith in the aforesaid Clerk's office. Being part of the same property conveyed to Roger A. Clagg and Sara E. Clagg, by Roy S. Yates, by deed dated June 30, 1998, and recorded in the office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book No. 1034, at page 547, And being the same property conveyed to Alison E Clagg by the Deed dated December 22, 2004 and recorded in Deed Book 1134, at Page 69, 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-51534 4-5,12,19; 2017
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