NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE and Notice of the Beneficiary/Servicer's election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated April 6, 2000, executed by Sherry D. Crosby to Robert D. Lewis, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 1620, at Page 97. Hereford & Riccardi, PLLC was appointed as Trustee by SUBSTITUTION OF TRUSTEE dated September 19, 2016, of record in the Clerk's Office in Book 388, at Page 60, corrected and re-recorded in Book 388, at Page 136. The borrowers defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the side door of the Courthouse of Cabell County, in Huntington, West Virginia, on: MONDAY, December 12, 2016, 3:15 O'CLOCK P.M. All that certain lot, tract or parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in McComas District, Cabell County, West Virginia, and being more particularly described as follows: Lot Number Twenty Four (24) on that certain map of CHAFIN ESTATE SECOND ADDITION, which map was made by James L. Plumley, Surveyor, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, on September 24, 1968, and appearing of record in Map Book No. 8 as Map No. 45. This is the same property conveyed to Sherry D. Crosby by deed dated March 27, 2000, of record in the Clerk's Office in Book 1062, at Page 232. 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 11-22-2. 3) Real estate taxes due and payable have been paid. All real estate taxes hereafter will be the responsibility of the purchaser. 4) 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. 5) 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. 6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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. 7) 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 percent (10%) of the total purchase price payable to the Trustee at sale by cashier's check, cash or the equivalent. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason. Minimum acceptable bid will be $68,500.00. 8) For more information on this property, please see listing on the PROPERTIES FOR SALE WEBSITE: http://www.resales.usda.gov/. Given under my hand this 21st day of November, 2016. HEREFORD & RICCARDI, PLLC TRUSTEE By: Philip B. Hereford, Member 405 Capitol Street, Suite 306 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 1687 LH-48290 12-2,9; 2016
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