NOTICE OF TRUSTEE'S SALE Notice is hereby given that by virtue of authority vested in the undersigned Substitute Trustee by that certain Deed of Trust executed by Cheri L. Christian to John Seaton Taylor, as Trustee, for the benefit of Gary L. Wagner and Brenda K. Wagner dated the 1st day of May, 1997 and of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Trust Deed Book l485 at Page 74, to secure the payment of certain note set out and described therein, and default having been made in the payment of said note, the said Ronald J. Flora, having been appointed as Substitute Trustee by instrument of record in the Office of the County Clerk of Cabell County dated the 18th day of November, 2015 in Bonds, Contracts and Leases Book Page 384 at Page 758 and further the undersigned Substitute Trustee having been requested to do so by the holders of said note, shall sell to the highest and best bidder, on 16th day of December 2016 at 9:00 o'clock a.m., at the front door of the Courthouse of Cabell County, in Huntington, West Virginia, the real estate, conveyed by said Deed of Trust together with the improvements thereon and the appurtenances thereunto belonging, and being more particularly described therein as follows: A tract of land in McComas District, Cabell County, West Virginia, a outsale from land recorded in the Office ofthe Clerk of said County in Deed Book 619, Page 429. Outsale described as follows: BEGINNING at an iron pin in the north line of Heath Creek Road; thence up the hill N. 22 10' W. 294.5 feet to an iron pin above an old fence; thence N. 65 E. 115 feet to an iron pin in a drain; thence down the hill S. 9 50' E 148 feet to a 12 inch Walnut on the west side of a drain; thence down the drain S. 47 45' E 67 feet to an iron pin in a drain; thence down the drain S. 13 E 109 feet to a iron pin in a drain in the north line of Heath Creek Road; thence with said line S. 75 45' W. 101 feet to the place of BEGINNING, containing 0.70 acres, more or less. EXCEPTING AND RESERVING from the above described property an outconveyance from Gary L. Wagner, single, and Violet Wagner, widow, to Charles David Laney and Connie Sue Laney, husband and wife, by Deed dated August 3, 1987 and recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 889, at Page 630. Being the same property conveyed unto Cheri L. Christian from Gary L. Wagner and Brenda K. Wagner, husband and wife, by Deed, dated May 1, 1997, and of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia in Deed Book 1017, at Page 487. This sale is made subject to any special assessments, liens of record, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate. This property is subject to any pre-existing Federal Tax Liens and/or State Tax Liens and any rights which may accrue to the State of West Virginia or the United States of America regarding the same. Trustee shall be under no duty to cause any person who may be occupying the property to vacate. This property shall be sold in an "as is" condition. Any Deed delivered by Trustee to the Purchaser shall be without any covenant or warranty. The Trustee hereby makes no representation as to the warranty, of any kind or character, regarding the title to the property. Any purchaser at the above sale shall be responsible for the payment of all transfer taxes and recording fees regarding any Deed which may issue from the sale. Pursuant to the terms of said Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated for the sale. Gary L. Wagner and Brenda K. Wagner or his/her/their designee may purchase the property at any sale. TERMS OF SALE: Cash in hand on day of sale. DATED this 8th day of November.2016 Ronald J. Flora Substitute Trustee LH-48042 11-12,19-16
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