NOTICE OF TRUSTEE'S SALE Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Real Estate Deed of Trust, dated March 28, 2005, made by Linda Lester and Denny M. Lester, as Grantors, unto Jerry R. White and Harry K. White, as Trustees, of record in the office of the Clerk of the County Commission of Mingo County, West Virginia, in Trust Deed Book 380, at page 128, as modified by that certain Loan Modification Agreement, dated June 3, 2008, of record in the aforesaid Clerk's office in Trust Deed Book 410, at page 540, as modified by that certain Loan Modification Agreement, dated September 28, 2011, of record in the aforesaid Clerk's office in Trust Deed Book 432, at page 571 (collectively, the "Deed of Trust"), securing repayment of indebtedness evidenced by that certain promissory note, dated March 28, 2005, payable by Linda Lester to the order of Bank of Mingo, a West Virginia banking corporation, in the original principal amount of $93,023.84, as modified by that certain Loan Modification Agreement, dated June 3, 2008, among Bank of Mingo, Linda Lester, and Denny M. Lester, and that certain Loan Modification Agreement, dated September 28, 2011, among Bank of Mingo, Linda Lester, and Denny M. Lester (collectively, the "Note"), plus interest thereon, and all other indebtedness arising under the Deed of Trust and the Note. Pursuant to authority granted in the Deed of Trust, Bank of Mingo, the owner and holder of the Note secured by the Deed of Trust, appointed Richard M. Francis, Daniel J. Cohn, and J. Berkeley Bentley, each a resident of Kanawha County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee dated April sic , 2017, of record in the aforesaid Clerk's office in Trust Deed Book 464, at page 535. Bank of Mingo, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Linda Lester is in default of the Note, and Linda Lester and Denny M. Lester are in default under the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law. TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 10th day of July, 2017, at 10:00 a.m., EDT, at the front door of the Mingo County Courthouse, 75 East Second Avenue, Williamson, West Virginia, the surface only of the following described property located and situate at Gilbert Creek of Guyandotte River in Town of Gilbert (formerly Stafford District), Mingo County, West Virginia and being more particularly described as follows (the "Real Property"): BEGINNING at a Rail Road Spike driven into the asphalt; thence, N 68 54' 00" 30.50 ft to a Rail Road Spike; thence, S 16 59' 00" W 5.00 ft to a Rail Road Spike; thence N 72 58' 00" W 124.80 ft to a Tack in a Hub; thence, S 01 38' 00" E 79.63 ft to a Point in the Center of Gilbert Creek; thence, S 52 00' 00" E 115.00 ft to a Point in the Center of Gilbert Creek; thence, N 27 38' 00" E 57.04 ft to a 1" Sp. Hd. Roof Bolt; thence N 27 38' 00" E 64.46 ft to the Point of Beginning and containing 0.29 Acres, more or less, as the same is shown and designated upon that certain 'Plat of Survey' and Survey Map entitled 'Property Survey for Donald Lee Ellis, Jr. and Deborah Ellis on Gilbert Creek of Guyandotte River, Stafford District, Mingo County, West Virginia, Scale 1" = 40 ' with field work and mapping performed by Lanny Maynor and Byron Smith and under the supervision of Joe D. Grubb, L. L. S. #5509, which said Plat of Survey Map is attached to copy of deed which is of record in the Mingo County Clerk's Office in Deed Book No. 313 at Pages 422 through 426; together with all and singular the improvements thereon and the appurtenances thereunto belonging or in any manner thereunto appertaining. And being the same property conveyed to Linda Lester and Denny M. Lester from Jerry R. White, Trustee, by a deed dated March 18, 2005, of record in the Office of the Clerk of the County Commission of Mingo County, West Virginia. Also included are all rights of ingress and egress to and from said property. The street address of the Real Property to be sold is, upon information and belief, Route 52, Gilbert, West Virginia 25621, and/or Wharnecliffe Avenue, Box 542, Gilbert, West Virginia 25621. TERMS OF SALE The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following: 1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser; 2. Any statutory lien or liens that may affect the subject property; 3. All covenants, conditions, restrictions, reservations, easements, and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property; 4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, and incinerator, sanitary, and sewer charges, having priority over the deed of trust referred to herein. 5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee's Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed). 6. All of the property to be sold will be sold "AS IS, WHERE IS" in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee's deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser's sole remedy is return of deposit. 7. If there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. 8.The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice. 9. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid. 10. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee. Additional terms of sale may be announced prior to the sale. Any inquiries regarding this sale may be directed to Richard M. Francis and Daniel J. Cohn, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, Telephone (304) 347 1100. DATED: June 1, 2017. /s/ Daniel J. Cohn Daniel J. Cohn, Successor Trustee 6:21, 28, 7:5
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