NOTICE OF TRUSTEE'S SALE NOTICE is hereby given by virtue of that certain Deed of Trust executed by MARQUITA DUKE, to J R Wilson, Trustee, dated 18 June 2013, in the Office of the Clerk of the County Commission of Putnam County, West Virginia, in Trust Deed Book 1044, page 402-408; and by virtue of that certain Substitution of Trustee, dated 23 June 2017, of record in the aforesaid Clerk's Office in Trust Deed Book 1164, page 199-202, appointing Eric S. Embree in place of stead of, J R Wilson, as Trustee, the maker of the note and obligation having failed to pay the same as provided for under the terms of the Note and Deed of Trust and the holder of said Note having declared the balance to be due and payable and having requested the undersigned to make sale of the real estate described in said Deed of Trust, the undersigned will offer for sale and sell at public auction to the highest bidder on the Friday, September 8, 2017 at 2:30 p.m., at the north front door of the Courthouse of Putnam County, in Hurricane, West Virginia, the following described real estate: All that certain lot of land, together with the improvements thereon and the appurtenances to it, situate in Scott District, Putnam County, West Virginia. Being all of Lot Number Ninety (90), Section Six of White Pines Subdivision as set forth on the map entitled, " A Plat Showing White Pine Subdivision Section VI Developed By Delroylyn Corp., Deed Book 225, Page 133. Being Situate In Scott District, Putnam County, West Virginia," prepared by Donald R. Hayes, L.L. S. 902, of record in the Office of the Clerk of the County Commission of Putnam County, West Virginia in Map Cabinet C. Slide 772. Grantor further GRANTS and CONVEYS unto the Trustee the right to use the easements and rights of way as shown upon said map, for the purpose of ingress and egress to and from the real estate conveyed and W.Va. Secondary Route 34/35. Being the same property conveyed to Marquita C. Duke by February 19, 2010, deed signed by Pegasus Investment, Inc., recorded in said Clerk's Office in Deed Book 496, Page 620. 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 described real estate is reported to have a mailing address of: 403 Brian Drive, Hurricane, Putnam County, West Virginia 25526. TERMS OF SALE: Sale will be made without warranty, as is, subject to all unpaid real property taxes and special assessments, if any, and also subject to any exceptions, reservations, restrictions, covenants, conditions, agreements and easements as found in the chain of title which affect any part of the property aforesaid, specifically including any which may be incorporated by reference in the aforesaid deed of trust. Any buyer is advised to retain counsel before the sale. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-1. 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. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject 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. The total purchase price is payable to the Trustee by cashier's check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by cashier's check, cash or the equivalent. Should any party have any inquires, objections to the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. 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 part(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 the 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. Given under my hand this 11th day of August 2017. ERIC S. EMBREE, Substitute Trustee Tyree Embree and Associates, PLLC 3564 Teays Valley Road Hurricane, West Virginia 25526 Phone: (304) 757-0021 LH-55097 8-25; 9-1; 2017
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