NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned, either of whom may act, Arnold J. Janicker and Sarah A. Walling, Substitute Trustees, by Notice of Resignation of Trustees and Appointment of Substitute Trustees, which Notice is of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book No. 390, at Page No. 380, and by Deed of Trust dated September 2, 2010, executed by Mary E. Ross and David M. Ross to Wesley F. Agee, Trustee, which 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 No. 2347 at Page No. 700, the undersigned Substitute Trustees, either of whom may act, have been requested by the Beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustees, either of whom may act, will sell the real estate described in the Deed of Trust, at a public auction, on September 27, 2017, at 10:00 a.m. eastern daylight time, to the highest bidder at the front door of the courthouse of Cabell County, West Virginia, 750 Fifth Avenue, Huntington, West Virginia 25701, which real estate is more completely described as follows: All that certain lot, piece or parcel of land situate in Cabell County, West Virginia, and being more particularly described as follows: Being Lot Number Twenty-Two (22) in Plat One (1) of the Shaw Home Addition to the Town of Barboursville, West Virginia as shown and designated on a map of said addition made by Joseph Webb, Engineer, and filed in the Office of the Clerk of the County Commission of said Cabell County on October 12, 1931 in Map Book 3 at Page 113. TERMS OF SALE: 1. Cash in hand paid on the day of sale. 2. Sale of the property will be made subject to all matters having priority over the Deed of Trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, leases, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-1, et seq. 4. The subject property will be sold in "AS IS" condition. The Substitute Trustees make no representations or warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute Trustees reserve the right to adjourn the sale for a time, or from time to time, without further notice by announcement at the time and place of the sale described above. 7. The Beneficiary of the Deed of the Trust and holder of the Note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. The Substitute Trustees reserve the right to reject any and all bids. 9. The successful bidder will be required to execute a Memorandum of Sale upon the acceptance of the successful bid by the Substitute Trustees. The Substitute Trustees will deliver a Trustee's Deed to the purchaser without any covenant or warranty (expressed or implied) in the form proscribed by West Virginia Code 38-1-6 upon receipt of the purchase price in "good and available funds". Given under my hand, this 5th day of September, 2017. Arnold J. Janiker Substitute Trustee 1-800-982-3476 Sarah A. Walling Substitute Trustee 1-800-982-3476 LH-55919 9-12,19; 2017
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