NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE Pursuant to the authority vested in the undersigned by deed of trust dated the 11th day of January 2017, signed by David G. Mitchell and Marilyn Mitchell aka David Gale Mitchell and Marilyn Mitchell, husband and wife, 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 2647, at page 692, 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 22nd day of AUGUST 2017 at the front doors of the Courthouse in Cabell County in Huntington, West Virginia the following described real estate: All that certain tract, piece or parcel of land situate on the waters of Raccoon Creek, in McComas District, Cabell County, West Virginia, and being bounded and more particularly described as follows: BEGINNING at a sycamore tree on the bank of Raccoon Creek, thence a straight line to a white oak on top of a ridge; thence down the ridge to rock corner; thence down the hill to Raccoon Creek to a stone; thence down Raccoon Creek to a sycamore tree on the bank of Raccoon Creek, the place of BEGINNING, containing Twenty Two (22) acres, more or less. EXCEPTING, HOWEVER, all that certain tract, piece or parcel of land situate on the waters of Raccoon Creek, McComas District, Cabell County, West Virginia, and being bounded and more particularly described as follows, to wit: BEGINNING at a sycamore tree, which said sycamore tree is 150 feet south of a sycamore on the bank of Raccoon Creek; thence west a straight line 50 feet to a point; thence South 200 feet to a point; thence East 50 feet to a white oak tree; thence North 200 feet to the beginning sycamore tree, being a lot 50 x 200 feet; EXCEPTING, FURTHER, HOWEVER, All that certain tract, piece or parcel of land situate on the waters of Raccoon Creek, McComas District, Cabell County, West Virginia, and being bounded and more particularly described as follows, to wit: BEGINNING at an 18" sycamore, said point being the northeasterly corner of property hereby conveyed; thence from the Beginning, N. 25 degrees 33' E. 99.0 feet to a 6" elm; thence N. 38 degrees 31' E. 49.10 feet to a 20" Water Elm; thence N. 62 degrees 40' W. 12.6 feet to a point; thence N. 34 degrees 56' E. 197.5 feet to a point by the creek bank; thence with said creek bank, more or less, S. 55 degrees 18' W. 190.0 feet to a point; thence continuing with said creek bank S. 20 degrees 36' E. 95.8 feet to a point; thence S. 52 degrees 32' W. 152.5 feet to a sycamore stump; thence leaving said creek bank N. 88 degrees 12' W. 114.7 feet to a point; thence N. 42 degrees 02' E. 52.8 feet to a point; thence S. 72 degrees 47' W. 121.9 feet to the point of BEGINNING, containing 1.41 acres. Also included is the following described manufactured home: 2002 Multi Wide Oakwood, Hodgson House Winslow 26.8' x 68', Serial # HONCo7715170. 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: 990 Raccoon Creek Rd., Brarnchland, West Virginia 25506 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 :30 AM 5 :00 PM On weekdays-not including holidays Lender: Fifth Third Processor: Shari /Ext 12 Mitchell David NTS/cclem/ foreclosure notices - 2017 LH-54637 8-8-15-2017
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