NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill and David D. Pill, by that certain Deed of Trust dated August 26, 2009, executed by Borrowers, Brandy S. Hayton and Brian K. Hayton, to Richard A. Pill and David D. Pill, the Trustees of record in the office of the Clerk of the County Commission of Wayne County, West Virginia, in Book 689, at Page 777. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 1 Box 61A, Prichard, WV 25555-9705. The borrowers defaulted under the Note and Deed of Trust and the Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Wayne County, in Wayne, West Virginia, on the following date: March 3, 2017 at 11:02 a.m. 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 Ceredo District, Wayne County, West Virginia, and being more particularly described as follows: Part of that certain parcel situate along the south side of Hayton Road in Wayne County, West Virginia being more particularly bounded and described as follows: BEGINNING at a 5/8" rebar and cap (set October, 2004) on the south line of Hayton Road, said point being South 36 West, 85 feet from an oak stump (now removed, "Apple Tree" called for on a plat prepared by Bobby Hudson and recorded in Deed Book 481, Page 4), thence, leaving said south line of Hayton Road, South 67 53' 02" East, 91.80 feet to a 5/8" rebar and cap (set October 2004), thence, South 13 32'14" West, 226.62 feet to a 5/8" rebar and cap (set October 2004), thence, South 62 29'21" West, 117.64 feet to a 5/8" rebar and cap (set October 2004), thence, North 79 44'49" West, 290.17 feet to a 5/8" rebar and cap (set October 2004), thence, North 65 15'35" East, 204.59 feet to a 5/8" rebar and cap (set September, 2004) on said south line of Hayton Road, said point being South 73 East, 119 feet from the extended intersection of a fence line and the south line of Hayton Road, thence, with said south line of Hayton Road, a curve to the left having a length of 153.96 feet, a radius of 155.00 feet, a chord which bears North 56 39' 22" East, 147.71 feet to a point in said south line of Hayton Road, thence, continuing with said south line of Hayton Road, North 28 12' 00" East, 102.99 feet to the BEGINNING, containing 1.29 acres, to be the same, more or less, as depicted on the attached plat of survey prepared by GeoSAM, J.D. Fry, PS No. 2080, dated October 8th, 2004. Being the same property conveyed to Brandy S. Hayton and Brian K. Hayton by the Deed dated October 8, 2004 and recorded in Deed Book 635, at Page 344 in the Office of the Clerk of the County Commission of Wayne 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. Richard A. Pill, Trustee David D. Pill, Trustee 85 Aikens Center Edwin Miller Blvd PO Box 440 Martinsburg, WV 25404 (304) 263-4971 foreclosures@ pillwvlaw.com LH-49796 2-1,8,15,22; 2017
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