NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Cabell West Virginia, and by Deed of Trust dated March 22, 2010, executed by Edward Lane Fowler and Andrea Dyer Fowler to P. Michael Pleska and F. Thomas Graff, Jr., Trustees, which deed of trust is of record in the Office of the Clerk of Cabell County, West Virginia, in Trust Deed Book 2324 at Page 590, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on June 22, 2017 at 10:00 a.m. to the highest bidder at the east front door of the Courthouse of said County of Cabell, in Huntington, West Virginia, which real estate is more completely described as follows: All that certain lot, piece, or parcel of land situate in Guyandotte District, Cabell County, West Virginia, on the waters of Four Pole Creek, a tributary of the Ohio River, and is located on State Local Service Route 35 (Green Valley Road), and being more particularly described as follows: BEGINNING at a rebar (set) in the westerly right of way of said Green Valley Road, at the northeast corner of Misty Kleber (deed book 975 page 70); thence leaving said Green Valley Road, and with said Kleber, North 42 02' 20" West, a distance of 169.09 feet to a pipe (found) in the easterly line of parcel B; thence leaving said Kleber, and with said parcel B, North 30 20' 45" East, a distance of 64.45 feet to a rebar (set); thence North 74 27' 09" West, a distance of 86.30 feet to a rebar (set); thence South 52 03' 53" West, a distance of 15.21 feet to a rebar (set); thence North 42 02' 20" West, a distance of 37.23 feet to a rebar (set); thence South 46 22' 07" East, a distance of 60.73 feet to a rebar (set); thence South 49 33' 44" East, passing a rebar set at 285.37, a total distance of 297.55 feet to said westerly right of way of said Green Valley Road; thence with said Green Valley Road, and with a non tangent curve to the right, having a radius of 383.73 feet, a central angle of 08 34' 52", and an arc length of 57.47 feet; thence South 46 42' 54" West, a distance of 42.53 feet to the BEGINNING, containing 20,659.925 square feet or 0.474 acres, more or less, as shown on the plat of survey prepared by Danny A. Porter Professional Land Surveyor, WV Registration Number 357; SUBJECT, HOWEVER, to a 15 foot strip easement entirely across the land described above and extending from Green Valley Road through the land described above; the actual location of the easement is to be where the existing driveway is at this present time; TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, right of ways and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 26 U.S.C. 7425. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations and 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. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The beneficiary of the Deed of Trust and 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. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 2nd day of May, 2017. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-52267 5-3,10; 2017
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