NOTICE OF TRUSTEE'S SALE Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Wayne West Virginia, and by Deed of Trust dated May 31, 1994, executed by David Edgar and Donna Edgar to P.M. Pleska and F. Tom Graff, Jr., Trustees, which deed of trust is of record in the Office of the Clerk of Wayne County, West Virginia, in Trust Deed Book 426 at Page 589, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on February 14, 2017 at 11:15 a.m. to the highest bidder at the front door of the Courthouse of said County of Wayne, in Wayne, West Virginia, which real estate is more completely described as follows: All that certain tract or parcel of land situate on Twelvepole Creek, Ceredo District, Wayne County, West Virginia, more particularly bounded and described as follows: BEGINNING at a point near Twelvepole Creek, corner a tract of land now or formerly owned by Jackie M. McKinney (DB 478 PG 699, Lot 5) and being a corner to a Ralph May Subdivision (plat not recorded), thence leaving Twelvepole and with the subdivision, North 51 00' 18" East 319.48 feet to a 5/9 inch rebar and cap (set), thence leaving the subdivision and severing the lands of the grantor herein, South 40 18' 24" East 126.43 feet to a 5/8 inch rebar and cap (set) in the line of a second Ralph May Subdivision (Trust Deed 219 PG 356), thence with the subdivision, South 55 39' 53" West 338.12 feet to a point near Twelvepole Creek, thence leaving the subdivision and down Twelvepole Creek, North 30 35' 07" West 100.00 feet to the BEGINNING containing EIGHT HUNDRED FIFTY-ONE, ONE-THOUSANDTHS (0.851) ACRE, more or less, as surveyed by Randy B. Fry, PE. on June 18, 1993. TOGETHER WITH a permanent right of way to use that certain 20 foot right of way extending from West Virginia Route 75 to the subject property along the southerly boundary of the land now owned by Edgar Finley (DB 367 PG 361). EXCEPTING AND RESERVING THEREFROM THE FOLLOWING DESCRIBED PARCEL: All that certain tract or parcel of land situate on Twelvepole Creek, Ceredo District, Wayne County, West Virginia, more particularly bounded and described as follows: BEGINNING at a 1/2 inch rebar and cap (set) in the line of lot 4 of the Ralph May Subdivision (TD 219 PG 356), said point being distant SOUTH 55 39'53" WEST 77.70 feet from a 5" concrete monument (found) at the corner to lots 3 and 4 of the said subdivision; thence with the back line of lots 4 and 5, SOUTH 55 39'53" WEST 214.47 feet to the low water line of Twelvepole Creek; thence leaving said Subdivision and down the creek, NORTH 30 35'07" WEST 100.00 feet to a point, corner to a second Ralph May Subdivision (plat not recorded); thence leaving the creek and with the subdivision, NORTH 51 00'18" EAST 181.81 feet to a 1/2 inch rebar and cap (set); thence leaving the Subdivision and severing the lands of David Edgar and Donna Edgar, SOUTH 53 30'03" EAST 75.78 feet to a 1/2 inch rebar and cap (set); thence, SOUTH 36 29'59" EAST 42.29 feet to the BEGINNING containing FOUR HUNDRED NINETY-NINE, ONE-THOUSANDTHS (0.499) ACRES, more or less, as surveyed by Randy B. Fry, PS. on October 14, 1997, and attached to deed dated the 17th day of October, 1997, and recorded in the Office of the Clerk of the County Commission of Wayne County, West Virginia, in Deed Book No. 591, Pg. 402; TOGETHER WITH the right to use that certain 20 foot right of way extending from West Virginia Route 75 to the subject property along the southerly boundary of the land now or formerly owned by Edgar Finley (DB 367 PG 361) and David Edgar (DB 558 PG 88); said 0.499 Acre being a part of the acreage described in said Deed of Trust; Being the same 0.499 acre of the Real Estate conveyed to Bobby Bryan Pennington and Monica Pennington, husband and wife, by David Edgar and Donna Edgar, husband and wife, by Deed dated October 17, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 591 at Page 402 on November 5, 1997 leaving 0.352 acre of the Real Estate owned by Mr. and Mrs. Edgar. TERMS OF SALE 1. Cash in hand paid on the day of sale. 2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. 3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code 11-22-2. 4. The subject property will be sold in "AS IS" condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. 5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. 6. The Substitute 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 the sale described above. 7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid. 8. Such other terms as may be announced at the time of Sale. Given under my hand this 19th day of January, 2017. J. Patrick Jones, Substitute Trustee 304-529-8560 LH-49725 1-21,28; 2017
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