NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Eloy Evans, to Samme L. Gee and Lew G. Tyree, Trustee(s) dated August 28, 2003, and recorded in the office of the Clerk of the County Commission of Mingo County, West Virginia, in Trust Deed Book 361, at page 335, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated June 15, 2017, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on August 29, 2017 at 8:45 a.m., at the front door of the courthouse of Mingo County, West Virginia, the real estate conveyed by said deed of trust and situate in Hardee District, Mingo County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was Lot #29 Right Hand Fork of Laurel Creek, Lenore, WV 25676 and being more particularly bounded and described therein as follows: "BEGINNING at an old iron pin found in the northerly line of a 30 foot right of way as shown on map of RIGHT FORK SUBDIVISION OF LAUREL CREEK SECTION FOUR as shown on map recorded in the Office of the Clerk of the Mingo County Commission in Cabinet "D", Slide 153 at the common corner to Lots Nos. 29 and 30, and running Thence from said beginning point with the westerly right of way of Said 30 foot right of way with a curved line to the left with one chord Thereof, 1. S. 28 10' 53" W., a chord distance of 66.95 feet to a rebar set at the intersection of said 30 foot right of way with the northerly right of way line of Right Fork Road - Mingo County Route No. 3/4 ; thence running with the northerly right of way line of Right Fork Road - Mingo County Route No. 3/4, 2. N. 80 02' 14" W., 170.46 feet to a rebar (set) at the common corner to Lots Nos. 29 and 27-B as shown on map prepared by Field Surveying Co., Inc. of Charleston, WV entitled "MAP SHOWING LOT NO. 29 REVISED OF SECTION FOUR OF RIGHT FORK SUBDIVISION OF LAUREL CREEK LOCATED IN HARDEE DISTRICT, MINGO COUNTY, WV FOR ELOY EVANS" dated August 13, 2002, which map is attached hereto; thence leaving Right Fork Road and running with the common line between Revised Lot No. 29 and Lot No. 27-B, 3. N. 11 47' 53" E., 118.32 feet to a rebar (found) on hillside; thence leaving common corner to Lot No. 27-B and running with the two northerly lines of Lot No. 29 Revised, 4. S.74 47' 18" E., 11.00 feet to a rebar (found); thence running N. 79 42' 35" E., 94.99 feet to an old one inch iron pin (found) at the common corner to Lot No. 29 Revised and Lot No. 30; thence running down the hill with the common line between said lots, 5. S. 35 21' 54" E., 123.09 feet to the point of beginning, containing 0.50 acre, more or less." Being the same property conveyed to Eloy Scott Evans by the Housing Authority of Mingo County, by deed dated August 28, 2003, of record in the Mingo County Commission Clerk's Office in Deed Book 394, at page 23. This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate. The property will be conveyed in an "AS IS" condition by Deed containing no warranty, express or implied, subject to 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. Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale. The Substitute Trustees 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. TERMS OF SALE: Cash in hand on day of sale. DATED this 7th day of August, 2017. Pill & Pill, PLLC, Substitute Trustee BY: Richard A. Pill, Member 304-263-4971 foreclosures@pillwvlaw.com LH-54914 8-15-22-17
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