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 April 25, 2007, executed by the Borrowers, John Cummings, Jr. and Laura Cummings, to Douglas McElwee, the Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2159, at Page 618. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 521 Norway Ave, Huntington, WV 25705. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated January 15, 2016, of record in the Clerk's Office in Book 387, at Page 386. 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 Cabell County, in Huntington, West Virginia, on the following date: October 12, 2016 at 1:15 PM 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 Gideon District, Cabell County, West Virginia, and being more particularly described as follows: THE FOLLOWING DESCRIBED REAL ESTATE: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATE IN THE CITY OF HUNTINGTON, GIDEON DISTRICT, CABELL COUNTY, WEST VIRGINIA, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN IN THE SOUTH LINE OF NORWAY AVENUE IN THE WESTERLY LINE OF THE LAND FORMERLY OWNED BY FLORENCE A. DUNKLE AND GERTRUDE DUNKLE, SAID BEGINNING POINT BEING THE NORTHEAST CORNER OF LOT NO. 4 OF THE HOLDERBY SUBDIVISION NO. 1, NORWAY AVENUE, A MAP OF WHICH SUBDIVISION WAS RECORDED IN THE CABELL COUNTY COMMISSION CLERK'S OFFICE ON MAY 2, 1939, IN MAP BOOK NO. 4, MAP NO. 20, SAID POINT BEING 11.7 FEET SOUTH OF THE SOUTH CURB OF THE PAVING OF SAID NORWAY AVENUE; THENCE WITH THE SOUTH LINE OF SAID NORWAY AVENUE; S. 73 34' E., 65.42 FEET TO AN IRON PIN AT THE CORNER OF THE PROPERTY OF THE RIGHT REVEREND JOHN J. SWINT, BISHOP OF WHEELING; THENCE WITH THE WEST LINE OF THE PROPERTY OF SAID SWINT, S. 6 59' W., 146 FEET TO AN IRON PIN, ANOTHER CORNER OF THE SAID SWINT PROPERTY; THENCE N. 68 25' W. 50 FEET TO AN IRON PIN, ANOTHER CORNER OF THE PROPERTY OF SAID SWINT IN THE WEST LINE OF SAID DUNKLE PROPERTY AND IN THE EAST LINE OF THE ABOVE MENTIONED HOLDERBY SUBDIVISION NO. 1; THENCE WITH THE EAST LINE OF SAID HOLDERBY SUBDIVISION NO. 1, N. 0 35' E., 145 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL AN OUTCONVEYANCE OF A STRIP OF LAND 3' BY 84.71', RECORDED IN DEED BOOK 765, AT PAGE 661. Parcel/Tax I.D. #: 00028628 Commonly known as: 521 Norway Avenue, Huntington, WV 25705 Being the same property conveyed to John Cummings, Jr. and Laura Cummings by the Deed dated March 21, 2002 and recorded in Deed Book 1091, at Page 411, in the Office of the Clerk of the County Commission of Cabell 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 LH-46550 9,22,29; 10-6;2016
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