NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated August 16, 2005, executed by the Borrowers, Donald E. Gauze and Kristie Gauze, to Jonathan Nicol, the Trustee, of record in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Book 234, at Page 467. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 428 Mountaineer Highway, Mullens, WV 25882. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated February 24, 2017, of record in the Clerk's Office in Book 282, at Page 1. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Wyoming County, in Pineville, West Virginia, on the following date: August 30, 2017 at 10:00 a.m. The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Slab Fork District, Wyoming County, West Virginia, and being more particularly described as follows: A 0.79 acre, more or less, tract of land situate near the community of Otsego, westerly of West Virginia Route 54 and lying on the waters of Slab Fork in Slab Fork District of Wyoming County, West Virginia, and being more particularly bounded and described as follows: Beginning at a 5/8" rebar (set) on the westerly right of way line of the Norfolk Southern Railway at right angle to and 50' westerly from the center of the tracks of said Railway at station 969+77.00, and 3/6' south-southwest of a 2" maple and 9.2' north of a 3" maple, and bearing S. 37 degrees 28' W - 196.56' from mile post 379, said rebar being the southeastern corner of the tract herein described and the southeastern corner of the Walkers Pic Pac Markets, Inc. tract of which this description is a part and a corner of the Paul Burrell tract; thence, leaving said Railway right of way line and with the boundary line of said Walkers Pic Pac Markets, Inc. and Paul Burrell, N. 70 degrees 40' W. 166.14' to a 5/8" rebar (set) on a steep hillside, 2.8' south of a 3" maple and 10.7' north of an 8" maple, said rebar being the southwestern corner of the tract herein described on said boundary line; thence leaving Paul Burrell and said boundary line and with a new line into said Walkers Pic Pac Markets, Inc., N. 19 degrees 20' E. 165.11' to a 5/8" rebar (set) on a steep hillside at the top of a cut, 6.8" east-southeast of a 7" maple and 4.2' west-southwest of a 12" black oak; thence continuing with a new line 0.4' south of parallel to the existing chain link fence line, N. 81 degrees 08' E. 126.82' to a 5/8" rebar (set) 0.4' south of said fence line; thence, leaving said fence line and continuing with a new line, S. 86 degrees 07' E. 56.45' to a 5/8" rebar (set) at the east edge of the parking lot pavement on the westerly right of way line of said Railway at right angle to and 50' westerly from the centerline of said Railway at station 972+17.11 and bearing S. 19 degrees 20' W. - 229.89' from a point radially opposite and 50' from the centerline of said Railway at station PC 974+47.00; thence with said westerly Railway right of way line, parallel to and 50' westerly from the centerline of said Railway, S. 19 degrees 20' W. Passing at 53.31' to a point opposite Railway mile post 379 and thence continuing for 186.80' in all a total distance of 240.11' to the point of beginning, containing 0.79 acres, more or less, and being a part of the same 6.8 acre tract of land conveyed to Walkers Pic Pac Markets, Inc. by deed of correction dated the 3rd day of June, 1991 and of record in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed Book 369, at page 286 and together therewith a right of way for a road way over, across and through the said 6.8 acre tract of land extending from the tract herein described over the existing parking lot and roadway as a means of ingress to and egress from the above described 0.79 acre tract to West Virginia Route 54 to be used in common with the owner, their heirs and assigns, of the remainder of said 6.8 acre tract, and all being shown or designated on a map or plat entitled, "PLAN OF SURVEY FOR CHARLES EDWARD WALKER SHOWING A 0.79 ACRE TRACT NEAR AND LYING ON THE WATERS OF SLAB FORK OF THE (WYANDOTTE RIVER, SLAB FORK DISTRICT, WYOMING COUNTY, WEST VIRGINIA, SCALE: 1" = 50', DATE: APRIL 21, 2004, SURVEY AND MAP BY: ASHRYN SURVEYING. Being the same property conveyed to Charles E. Walker by a deed from A. Keith Walker, dated the 16th day of July, 2005 and recorded in the Office of the Clerk of the County Commission of Wyoming County, West Virginia in Deed Book 427, at page 483. Being the same property conveyed to Donald E. Gauze and Kristie Gauze by the Deed dated August 16, 2005 and recorded in Deed Book 427, at Page 982, in the Office of the Clerk of the County Commission of Wyoming County, West Virginia. 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 11-22-1. 3) 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. 4) 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. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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. 6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale. Pill & Pill, PLLC, Substitute Trustee BY: _____________ Richard A. Pill, Member Pill & Pill, PLLC 85 Aikens Center Edwin Miller Boulevard P.O. Box 440 Martinsburg, WV 25402 (304) 263-4971 foreclosures@pillwvlaw.com 8:9,16,23
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