NOTICE OF TRUSTEE'S SALE OF 1095 MAIN STREET, UNIT 11, MILTON, CABELL COUNTY The undersigned Trustee, by virtue of the authority vested by that certain Deed of Trust dated February 19, 2013, recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed of Trust Book 2472, Page 575, Sharon Oldham, conveyed certain real property described in said deed of trust; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Cabell County Courthouse in Winfield, West Virginia, on FRIDAY, JANUARY 6, 2017, AT 2:00 P.M. The following described condominium units, with their improvements, easements and appurtenances thereunto belonging, situate in City of Milton District, Cabell County, West Virginia, and being more particularly bounded and described as follows: All of Unit 305, as set out, laid down and designated upon a condominium declaration plan entitled, "Declaration Establishing a Plan for Condominium Ownership of a Certain Tract or Parcel of Land and the Improvements Thereon and the Appurtenances Thereunto Belonging, Situate in the City of Milton, City of Milton Tax District, Cabell County, West Virginia, Pursuant to West Virginia Uniform Common Interest Ownership act, Chapter 35b of the Code of West Virginia of 1931, as Amended, to be known as Mallory's Place (The "Declaration Plan")"; Together with 8.33% of the undivided interests in the Common Elements, the Limited Common Elements appurtenant to said condominium unit and all other appurtenances thereto; AND BEING THE SAME real estate conveyed unto SHARON OLDHAM by deed dated February 19, 2013, and executed by W. V. LAND & ASSET MANAGEMENT LIMITED PARTNERSHIP, and of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Deed Book 1274, Page 600. Reference to said deed and the Declaration Plan is hereby made for a more particular description of the real property hereby conveyed. The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein. The Trustee reserves 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 sale described above or any adjournment thereof. The Trustee reserves the right to reject any and all bids. The subject property will be sold in "AS IS" condition. The trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustee will deliver a trustee's deed to the purchaser without any covenant or warranty (express or implied) in form prescribed by W.Va. Code 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed or the condition of any improvements located upon the property. If the Trustee is unable to convey insurable or marketable title to purchaser for any reason, purchaser's sole remedy is return of deposit. TERMS OF SALE: Ten Percent (10%) Cash in hand on the day of sale and the balance in cash at closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. LISA M. MOYE, ESQUIRE, SUBSTITUTE TRUSTEE 12458 WINFIELD ROAD WINFIELD, WEST VIRGINIA 25213 (304) 586-1251 phone (304) 586-2133 fax LH-48542 12-2,9; 2016
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