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(s) by that certain Deed of Trust dated November 21, 2014, executed by Marty O. Gibson to J.R. Wilson, Trustee, of record in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Book 2553, at Page 273. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 11, 2017, of record in the Clerk's Office. 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: THURSDAY, NOVEMBER 2, 2017, AT 9:45 A.M. All that certain tract, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Grant District, Cabell County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a found pipe on the corner of Lot 13, on the corner of Adalee Sowards and on the right of way of Rock Camp Road; thence running with A. Sowards property, S 60 01' 25" E. 104.12 feet to a pin on the corner of Lots 13 & 29; thence leaving the Adalee Sowards property and running with Lot 29, S 41 15' 00" W 125.06 feet to a pin on the corner of Lots 13 & 29 and on the right of way of Bartlett Street; thence running with Bartlett Street, N 48 45' 00" W 77.31 feet to a pin; thence running with a curve to the right having a radius of 25.00 feet and a chord of N 03 40' 47" W 35.40 feet to a pin on the corner of Lot 13 and on the right of way of Rock Camp Road Co. Rt. 60/17; thence running with Rock Camp Road, N 41 23' 26" E 79.65 feet to the BEGINNING containing 0.27 acre, being all of Lot 13, Bradford Heights Subdivision as shown on the attached plat entitled "Lot 13, Bradford Heights", prepared by Jimmy D. Calhoun, P. E. 4782. dated July 12, 2012, incorporated hereby. At the time of the execution of the Deed of Trust, this property was reported to have an address of: Lot 13 Bradford Heights, Milton, WV 25541. This is the same property conveyed unto Marty O. Gibson by Deed dated July 14, 2012, of record in the Clerk's Office in Book 1264, at Page 593. 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) 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 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. 6) 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. Given under my hand this 12th day of October, 2017. BAILEY & SLOTNICK, PLLC-TRUSTEE By: Marc J. Slotnick, Member Bailey & Slotnick, PLLC 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346 1800 WV State Bar No. 5956 LH-56864 10-25; 11-1; 2017
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