NOTICE OF TRUSTEE'S SALE Notice is hereby given by the undersigned Substitute Trustee, in accordance with the provisions of that certain Credit Line Deed of Trust and Security Agreement, dated as of August 5, 2005, made by Charles A. Clay, Jr. and Sandra L. Clay (collectively, "Grantor), to Gary L. Brown and David A. Call ("Trustees"), of record in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Trust Deed Book 618, at page 891 (the "Deed of Trust"), securing repayment of indebtedness described therein and evidenced by a Term Note, dated August 5, 2005, made by Charles A. Clay, Jr. and Sandra L. Clay, payable to Fifth Third Bank, an Ohio banking corporation, in the maximum principal amount of $277,000.00, and all amendments, modifications, restatements or renewals thereof (together with all renewals, extensions, amendments and modifications thereof, the "Note"), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note. By that certain Loan Purchase and Assumption Agreement, dated July 20, 2016, by and between Fifth Third Bank, an Ohio banking corporation, as Seller, and QCB Properties, LLC, an Illinois limited liability company, as Buyer, and for valuable consideration recited therein, Fifth Third Bank assigned to QCB Properties, LLC a continuation and renewal of the Note, being that certain Term Note dated August 5, 2013, made by Charles A. Clay, Jr. and Sandra L. Clay, payable to Fifth Third Bank, an Ohio banking corporation, in the principal amount of $173,875.20. By that certain Assignment of Credit Line Deed of Trust and Security Agreement, dated July 20, 2016, by and between Fifth Third Bank, an Ohio banking corporation, as Assignor, and QCB Properties, LLC, an Illinois limited liability company, as Assignee, Fifth Third Bank sold, transferred and assigned the Deed of Trust unto QCB Properties, LLC, which Assignment appears of record in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Assignment Book 41, at page 747 (the "Assignment"). Pursuant to authority granted in the Deed of Trust, QCB Properties, LLC, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis and Daniel J. Cohn, both residents of Kanawha County, West Virginia, to serve as Substitute Trustee, by that certain Appointment of Substitute Trustee dated October 26, 2016, of record in the aforesaid Clerk's office in Trust Deed Book 780, at page 388. QCB Properties, LLC, the owner and holder of the Note secured by the Deed of Trust, has notified the Substitute Trustee that Charles A. Clay, Jr. and Sandra L. Clay are in default under the terms of the Deed of Trust and the Note; has declared the indebtedness and all obligations secured by the Deed of Trust to be immediately due and payable; and has requested, in writing, that the Substitute Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Substitute Trustee will offer for sale at public auction on the 16th day of May, 2017, at 11:00 a.m., Eastern Daylight Time, at the front door of the Wayne County Courthouse, 700 Hendricks Street, Wayne, West Virginia, all that certain lot, piece or parcel of land situate in the State of West Virginia, Wayne County, West Virginia, Ceredo District, and more particularly bounded and described as follows (the "Real Property"): Beginning at an iron "T-rail" on the north right of way line of West Virginia Primary State Route No. 75 marking a corner common to the lands now or formerly owned by Bob W. Cooley, et ux, and the lands of Lonnie Webb, et ux, the said corner is located North 67 45' West, 223.71 feet from the intersection of the said right of way line with the center of Walkers Branch Road; thence leaving the lands of the said Cooley, et ux, and with the said right of way line, as follows: North 67 45' West, 40.79 feet to an iron "T-rail" set 25 feet right of and at right angle to centerline station P.C. 63+95.4, North 22 15' East, 10.00 feet to an iron "T-rail" set 35 feet right of and at right angle to centerline station P.C. 63+95.4; thence with 7 00' curve to the left having a radius of 853.5 feet, the long chord of which bears: North 73 45' West, 133.97 feet to an iron "T-rail" located North 58 44' West, 11.70 feet from the center of a concrete headwall at the north end of a culvert; thence leaving the said right of way line, and severing the lands of the said Webb, et ux, North 01 53' East, passing an iron "T-rail" set at 185.16 feet, in all 200.16 to a point in the center of a 30 foot road right of way; thence with the center of the said road, South 77 17' East, 178.80 feet to a corner common to the lands of the said Cooley, et ux, and the lands of the said Webb, et ux; thence leaving the center of the said road, and with the lands of the said Cooley, et ux, South 04 45' West, passing an iron "T-rail" at 15.00 feet, in all 223.71 feet to the place of Beginning, containing 0.82 acre, more or less, as surveyed by Ronald L. Eastham, licensed W.Va. Land Surveyor No. 150, on December 23, 1972. There is to be reserved a 15 foot right of way along the north side of this parcel. The street address of the Real Property to be sold is, upon information and belief, 2700 Route 75, Kenova, West Virginia 25530. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other or additional sale terms as the Substitute Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. The lien of that certain Credit Line Deed of Trust and Security Agreement, dated April 2, 2003, made by Charles A. Clay and Sandra Clay, to BB&T Collateral Service Corporation, a West Virginia corporation, as Trustee, of record in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Trust Deed Book 564, at page 378. QCB Properties, LLC, the holder of the Note secured by the Deed of Trust under which the Real Property described herein is to be sold, is of the opinion that the deed of trust lien described in this paragraph is not enforceable against the Real Property described herein. The Substitute Trustee makes no representation, and takes no position as to whether this lien remains enforceable against the Real Property described above. 2. Real estate taxes delinquent, due or payable, or to become due and payable, all of which shall be the responsibility of the purchaser; 3. Any statutory lien or liens that may affect the subject property; 4. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 5. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deed of trust referred to herein. 6. The purchaser at the sale shall be responsible for paying the costs of recording the Substitute Trustee's Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 7. All of the property to be sold will be sold "AS IS, WHERE IS" in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Substitute Trustee will deliver a trustee's deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Substitute Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Substitute Trustee is unable to convey insurable or marketable title to the purchaser for any reason, other than the existence of the deed of trust lien described in paragraph 1, above, purchaser's sole remedy is return of deposit. 8. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 9. The undersigned Substitute Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 10. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 11. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Substitute Trustee. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Richard M. Francis and Daniel J. Cohn, Substitute Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100. DATED: April 18, 2017. Richard M. Francis, Substitute Trustee LH-51861 5-3,10; 2017
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