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 by that certain Deed of Trust dated April 27, 1994, executed by Shawn A. Cremeans and Ilona M. Cremeans to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 1381, at Page 556. which Deed of Trust was assumed by Sherri A. Starkey by Assumption Agreement dated June 17, 2002, and by that Deed of Trust dated June 17, 2002, executed by Sherri A. Starkey to Jenny N. Phillips, Trustee, of record in the Clerk's Office in Book 1760, at Page 263. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated July 13, 2016, of record in the Clerk's Office in Book 387, at Page 142. 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 side door of the Courthouse of Cabell County, in Huntington, West Virginia, on: WEDNESDAY, SEPTEMBER 7, 2016 AT 9:00 O'clock A.M. All that certain lot, tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Barboursville District, Cabell County, West Virginia, and being more particularly described as follows: Being on Audra Lane and being LOT 53, Lost Valley Subdivision, as shown on Plat of Survey for Gary R. Riley, recorded in Deed Book 970, at Page 663. Beginning at an iron pin found in the north right of way line of Audra Lane said point is located North 23 33' 47" East 30.04 feet from an iron pin found in the northeast corner of Lot No. 46 of the Lost Valley Subdivision, Section No. 4 as recorded in Map Book 10, Page 6 in the records of the Office of the Clerk of the County Commission of Cabell County, West Virginia; thence, with the said north right of way line of said Audra Lane; North 62 13' 46" West 100.32 feet to an iron pin found; thence, leaving the said Audra Lane right of way line; North 23 41' 32" East 139.99 feet to an iron pin set; thence, South 62 12' 19" East 100.00 feet to an iron pin set; thence, South 23 33' 47" West 140.00 feet to an iron pin to the place of beginning containing 13984.9 S. F. or 0.321 acre more or less. This is the same property conveyed to Sherri Starkey by deed dated June 17, 2002, of record in the Clerk's Office in Book 1095, at Page 228. 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) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) 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. 7) 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 percent (10%) of the total purchase price payable to the Trustee at sale by cashier's check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $35,000.00. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/. Given under my hand this 16th day of August, 2016. 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-45587 8-30; 9-6; 2016
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