NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 27th day of December 2010, signed by James P. Johnson, to Dru A. Shope, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book 2367, at page 51, said deed of trust having been re-recorded in Trust Deed Book 2398 at page 444, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 9:15 o'clock A.M. on the 13th day of JULY 2017 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: TRACT ONE: All that certain lot, piece or parcel of land in McComas District, Cabell County, West Virginia, situate on the waters of Upper Heath Creek, a tributary of Guyan River, west of Route 10, about one mile, and being more particularly described as follows: BEGINNING on 4" W.O. a S.W. corner of the Lot; thence N. 21 degrees W. passing center of road at 145', in all 208.71' to set I.P.; thence N. 69 degrees E. 162.5' to West property line fence of the Childers Land to set I.P.; thence S. 45 degrees E. 229' with near the west property line fence of the Childers Land to set I.P. witness 8' East to the fence; thence S. 69 degrees W. 255.65' down a drain to the BEGINNING, containing one acre. TOGETHER WITH an easement for road, water, electric, etc., from Upper Heath Creek Road, BEGINNING N. 21 degrees W. 145' from S.W. corner of the Lot, thence N. 47 degrees W. 177' with the center of road; thence N. 2 degrees W. 88' with the center of road; thence N. 14 E. 150' with the center of road to the South R/W of Upper Heath Creek Road, witness S. 57 degrees W. 48' to the Drilled Water Well for the Lot. LSOT: Deed Book 1179, Page 218, dated December 30, 2003, Office of the Clerk of the County Commission of Cabell County, West Virginia. TRACT TWO: All that certain tract or parcel of property on Upper Heath Creek near State Route #10 in McComas District of Cabell County, West Virginia being more particularly described as follows: Beginning at a rebar and cap (set) in the west line of Jennings Adkins (DB #867 OG /3532) and the southeast corner of a 0.180 acre tract to be conveyed to Jeremiah Fulks; thence leaving said tract and running with Adkins, South 27-11-55 East 207.89 feet to a rebar and cap (set); South 49-57-09 East 43.32 feet to the northeast corner of Dwight D. Fulks (DB #935 PG #65); thence leaving Adkins and running with Fulks, South 70-50-15 West 162.50 feet to a point; South 19-09-45 East 208.71 feet to a point; North 70-50-15 East 255.65 feet to a point; North 43-09-45 West 229.00 feet back to the northeast corner of Fulks and in the west line of Adkins; thence leaving Fulks and running with Adkins, South 49-57-09 East 670.27 feet to a rebar and cap (set); South 24-05-47 West passing an iron pin (found) at 185.11 feet, passing a rebar and cap (set) at 334.11 feet, passing a rebar and cap (set) at 483.11 feet, in all 665.11 feet to a rebar and cap (set); North 66-35-26 West passing a rebar and cap (set) at 142.69 feet, in all 360.25 feet to a rebar and cap (set) at the southeast corner of a 12.366 acre tract to be conveyed to Lila Williams; thence leaving Adkins and running with said tract, North 10-38-21 West 848.29 feet to a rebar and cap (set) at the southeast corner of Jeremiah Fulks 1.399 acre tract; thence leaving said 12.366 acre tract and running with said 1.399 acre tract, North 07-16-42 West 197.41 feet to a rebar and cap (set); North 19-09-29 West 60.40 feet to a point at a 0.180 acre tract to be conveyed to Jeremiah Fulks; thence leaving said 1.399 acre tract and running with 0.180 acre tract, North 87-24-48 East 85.53 feet to a point; North 77-05-00 East 78.86 feet to the point of beginning containing 479,682.1 square feet or Eleven and Twelve Thousandths (11.012) acres with a right of way over an existing gravel road as shown on the plat of survey. LSOT: Deed Book 1221, Page 492, dated September 2, 2010, Office of the Clerk of the County Commission of Cabell County, West Virginia. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The above described real estate is reported to have a mailing address of: 5357 Upper Heath Creek Road Barboursville West Virginia 25504 TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property. FEDERAL TAX LIEN: 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. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below. GOLDEN & AMOS, PLLC, TRUSTEE 543 Fifth Street, P.O. Box 81 Parkersburg, WV 26102 Telephone (304) 485 3851 Fax (304) 485-0261 E-mail: vgolden@ goldenamos.com Our business hours are 8:30AM - 5:00PM On weekdays - not including holidays LH-53614 6-23,30; 2017
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