NOTICE OF TRUSTEE'S SALE Under authority of that certain Deed of Trust dated November 1, 2011, from Heather Clay and Clifford J. Clay to Casie McGee, Trustee, of record in the office of the Clerk of the County Commission of Cabell County, West Virginia in Trust Deed Book No. 2408, at page 282, securing a promissory note in the principal amount of $42,923.00, payable to Vanderbilt Mortgage and Finance, Inc., and default having been made under the promissory note secured by the aforesaid Deed of Trust and sale requested by Vanderbilt Mortgage and Finance, Inc., the undersigned Substitute Trustee will offer for sale at the front door of the Cabell County Courthouse in Huntington, West Virginia on November 28, 2017 at 10:00 a.m., subject to all reservations, exceptions, easements and other matters which appear of record, and subject to all unpaid taxes, if any, the following described real estate, together with the improvements thereon and appurtenances thereto belonging, to-wit: All that certain piece or parcel of land situate on the waters Raccoon Creek a tributary of Beech Fork in McComas District, Cabell County, West Virginia, and being more particularly bounded and described as follows: Beginning at a 1-inch pipe (set) said pipe having a orange plastic cap, said cap being inscribed: "M. Porter, WV PS 355" and said pipe also being N 28 10' 14" W, 159.44 feet from another 1-inch pipe (set), as described above, and said second pipe being at the approximate intersection of the westerly line of Raccoon Creek Road (Local Service Road 43) with the northerly line of Beech Fork Road (Local Service Road 21 indicated as LSR 43/1 on the assessor's tax map), and said second pipe being S 24 21' E. 2.27 feet from an AEP Power Pole near the road right-of-way, thence from said beginning pipe, severing the lands of Donna Jean Johnson (DB 1029, at Page 642 & DB 1029, Pg. 644) N 89 53' 36" W. 327.93 feet to a 1-inch pipe (set), as described above, said pipe being adjacent to and on the easterly side of a 10-inch Walnut tree both tree and pipe being on top of the easterly creek bank of Raccoon Creek, thence following said creek (downstream direction) the following three courses: N 57 26' E 25.00 feet to a point at the top of creek bank, thence N 21 45' E. 55.00 feet to a point at the top of creek bank, thence N 0 59' 42.64 feet to a 1-inch pipe (set), as described above, said pipe being at the approximate intersection of the easterly creek bank of Raccoon Creek with the southerly bank of a small drain, thence leaving said Creek and proceeding upstream and more or less parallel with and approximately 3-feet southerly of the said drain, N 83 03' 48" E, 210.36 feet to a 1-inch pipe (set), as described above, said pipe being about 3 feet southerly of the bank of the said drain, thence N 86 46' 32" E, 67.69 feet to a 1-inch pipe (set), as described above, said pipe being about 3 feet southerly of the bank of the drain, thence leaving said drain and continuing to sever the lands of said Johnson, S 3 54' 09" E, 137.32 feet to the place of beginning, and containing an area of 0.823 acre, more or less, as surveyed by Michael D. Porter, WV Professional Surveyor No. 355. AND A PORTION OF SAID LAND BEING SUBJECT TO a flowage easement over land in the State of West Virginia, partly in the County of Wayne, Stonewall District, and Partly in the County of Cabell, McComas District, on Beech Fork, a Tributary of Twelve Pole Creek, and being designated as Tract No. 1416 E, in favor of the U.S. Government, which easement is for watershed purposes; the easement includes the perpetual right, power, privilege and easement occasionally to overflow, flood and submerge Tract 1416 E in connection with the operation and maintenance of the Beech Fork Lake Project as authorized by the Act of Congress approved October 23, 1962 (Public Law 87-874). The said easement also includes limitation on buildings and structures as well as excavation and filling on that portion of the land subject to the easement. The easement is recorded in Deed Book No. 750, at starting at page 393. Being the same property conveyed from Donna Jean Johnson, nka Donna Jean Wiley, to Heather Clay and Clifford J. Clay, husband and wife, by Deed dated November 1, 2011, of record in the aforesaid Clerk's office in Deed Book No. 1246, at page 64. Terms of the sale: cash on date of sale. Given under my hand this 3rd day of November, 2017. /s/ Marc B. Lazenby Substitute Trustee LH-57528 11-7,14; 2017
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