TRUSTEE SALE BY PUBLIC AUCTION

10 am local time, Thursday December 20th, 2012

Auction site: At the property located on True and Edwards Roads, Pipestem, WV 25979 – Directions : From Route 20 (upper end of True Road) take True Road aka Tallory Mountain and County Route 18, 3.2 miles to the property. Property begins adjoining James UMC.

Wild & Wonderful Summers County WV. Click here to visit nearby Pipestem Resort State Park

Approx. 49 acres +/- total, tracts from 29.62 acres and 15.293 acres and (4) 1 + acre tracts.

Beautiful vacant land by Trustee Sale at Public Auction. Ideal for so many uses and very near to the resort and other fun things to do such as;

Aerial tramway, golf, fishing, horseback riding, swimming, and more are things to do at Pipestem Resort State Park

View at Pipestem Resort State ParkR/C Race Track – Golf – Hunting – Fishing – Horesback Riding – Boating – Historic Sites – Camping – Fine Dining – Biking – Hiking – Sight seeing -Nature Center – Wildlife Preserves – Raptor Center – The New River- The Bluestone River – The Greenbrier River- plus so much more ever so nearby!

Click here for online bidding link

NOTICE OF TRUSTEE’S SALE

NOTICE IS HEREBY GIVEN that by virtue of that certain deed of trust dated December 29, 2005, executed by Mortgagors to Amy L. Mann and William C. Hopkins, Trustees, of record in the Summers County Clerk’s Office in Trust Deed Book 220, at page 668, default having occurred in payment of the indebtedness secured by this deed of trust, and the undersigned Substitute Trustee, having been substituted by Substitution of Trustee dated October 22, 2012, of record in Trust Deed Book 264, at page 340, having been requested to do so by the owner and holder of the indebtedness secured by said deed of trust, the undersigned Substitute Trustee will offer for sale and sell at public auction on December 20, 2012, at 10:00 a.m., at the location of the property described below, those certain tracts or parcels of land in Pipestem District, Summers County, West Virginia, commonly known as the remainder of 56.478 acres, more or less, near True Road, True, West Virginia, and which real estate is more particularly bounded and described as follows:

FIRST:

BEGINNING on a rebar set on the westerly right-of-way of the Edwards road, (Rte. 18/1), a corner to Earnest Crews; thence with the said Crews, N. 63˚ 17’ 01” W. 412.00 feet to a rebar set; thence S. 19˚ 15’ 58” W. 642.00 feet to a rebar set, a corner to the said Crews and the James Chapel United Methodist Church; thence with the said Church, S. 20˚ 39’ 14” W. 50.98 feet to a rebar set; thence with the Church in part and also Carl Rose, N. 57˚ 35’ 56” W. 840.16 feet to a rebar set at a rail fence corner, a large chestnut oak marked as a pointer, thence continuing with the said Rose and a fence N. 18˚ 12’ 09” E. 373.59 feet to a 30” white oak; thence N. 65˚ 02’ 34” W. 739.30 feet to a corner #417-9 of the USA lands; thence with same N. 00˚ 22’ 04” W. 200.67 feet to corner # 417 -7; thence through the lands of B & B Land Co., S. 59˚ 25’ 45” E. 690.80 feet to a rebar set; thence S. 25˚ 52’ 01” W. 626.50 feet to a rebar set; thence S. 62˚ 15’ 39” E. 1225.70 feet to a rebar set on the westerly right-of-way of the aforesaid Rts. 18/1; thence with the said right-of-way S. 39˚ 21’ 04” W. 30.00 feet to the BEGINNING, containing 30.00 acres, more or less, as surveyed by James E. Wentz, PS in December, 2001.

And being a part of the same lands which were conveyed unto Thomas F. Booth, et als, from Thomas F. Booth, Mark J. Bradley, Robert D. Chance and James E. Wentz by deed dated November 1, 2001, and of record in the Summers County Clerk’s Office in Deed Book 207, at page 210.

SECOND:

BEGINNING on a rebar set on the westerly right-of-way line of the Edwards Road, (Rte. 18/1), a corner to the Mortgagors 30.00 acre tract and is N. 39˚ 21’ 04” E. 30.00 feet from the corner of Earnest Crews; thence with the said 30.00 acre tract, N. 62˚ 15’ 39” W. 1,225.70 feet to a rebar set; thence N. 25˚ 52’ 01” E. 626.50 feet to a rebar set; thence N. 59˚ 25’ 45” W. 690.80 feet to corner # 417-7 of the USA land; thence with the said USA, N. 69˚ 00’ 05” E. 314.90 feet to corner # 417-6, a corner to Genevieve Lucas; thence with the said Lucas, S. 79˚ 48’ 05” E. 321.10 feet to a corner post; thence continuing with Lucas and a fence S. 70˚ 00’ 40” E. 1,240.07 feet to a corner post on the westerly r/w of the aforesaid Edwards road; thence with the r/w, S. 09˚ 48’ 29” W. 494.16 feet, S. 05˚ 27’ 55” W. 94.25 feet, S. 11˚ 50’ 34” W. 125.14 feet, S. 17˚ 39’ 13” W. 62.18 feet, S. 25˚ 57’ 11” W. 127.41 feet, S. 30˚ 56’ 50” W. 133.15 feet, S. 36˚ 02’ 28” W. 85.47 feet, S. 39˚ 21’ 04” W. 76.12 feet to the BEGINNING, containing 34.478 acres, more or less, as surveyed by James E. Wentz, PS, February of 2002.

There is excepted and not hereby conveyed the following described tract which has been previously deeded from the foregoing tract by deed dated March 12, 2002:

BEGINNING on a rebar set in the fence on the line of Genevieve Lucas and a corner to the residue of said point being N. 70˚ 00’ 40” W. 943.06 feet from the R/W of the Edwards Road; thence through the lands of the said Mortgagors Investments, Inc., S. 21˚ 08’ 22” W. 517.42 feet to a rebar set; thence N. 70˚ 00’ 40” W. 175.00 feet to a rebar set on the line of a 30.00 acre parcel of Mortagagors Investments; thence with the said parcel, N. 25˚ 52’ 01” E. 130.00 feet to a rebar set; thence N. 59˚ 25’ 45” W. 690.80 feet to a corner #417-7 of the USA property; thence with the said USA tract, N. 69˚ 00’ 05” E. 314.90 feet to a corner # 417-6 and is a corner to the aforesaid Lucas; thence with the said Lucas, S. 79˚ 48’ 05” E. 321.10 feet to a corner post; thence S. 70˚ 00’ 40” E. 297.00 feet to the point of BEGINNING, containing 6 acres, more or less, as surveyed by James E.Wentz, PS, in February 2002, which survey plat is of record in the Office of the Clerk of the County Court of Summers County, West Virginia.

There is also granted a non-exclusive right of ingress and egress over and across the 30 foot wide right-of-way as shown on the plat of survey for the 34.478 acre tract as beginning on Edwards Road and running through the 34.478 acres tract to this conveyed tract.

And being the same property conveyed unto Mortgagors from Thomas F. Booth, Mark J. Bradley, Robert D. Chance and James E. Wentz by deed dated August 12, 2002, of record in the Summers County Clerk’s Office in Deed Book 209, at page 490.

As regarding the Pleasant View Estates Subdivision, which is a part of the 28.478 acres from second parcel, there is excepted Lots 2, 3 and 7 from said conveyance as shown on a map which is of record in the aforesaid Clerk’s Office in Deed Book 220, at page 646. There is further excepted Lots 4,5,6,9 and 10, as shown on the aforesaid map.

And all of the above-described real estate being a part of the same property conveyed to Amy L. Mann and William C. Hopkins, Trustees, by deed of trust dated December 29, 2005, executed by BORROWERS, recorded in the Summers County Clerk’s Office in Trust Deed Book 220, at page 668.

United Country Riverbend USA LLC 304.445.2897 or 1.800.726.2897 email sold@riverbendauction.com

Randy S. Burdette, CAI 927 Broker – More Information and Internet bidding available, visit www.riverbendauction.com

TERMS OF SALE: A 10 % buyer’s premium is in effect for this auction and shall be added to the final auction block price to become part of the total contract price. Ten percent (10%) of the total purchase price is payable to the Substitute Trustee at the sale by cash, cashier’s or certified check, or bank letter of credit. The balance of the purchase price is due and payable to the Trustee upon delivery of the deed in cash or its equivalent. The sale must close within twenty (20) days of the date of sale. Upon the successful bidder’s default, the deposit shall be forfeited and the property resold at the risk and costs of the defaulting bidder. In the event the Substitute Trustee cannot convey marketable title, the Substitute Trustee, in its sole discretion, may rescind the sale, and the successful bidder’s sole remedy shall be refund of the deposit. The property shall be sold “as is,” without any warranties as to condition of the improvements, by Special Warranty deed. The successful bidder shall assume the risk of all loss or damage to the property from and after the time of sale. The successful bidder shall be responsible for all costs of the conveyance, including but not limited to the preparation of the deed and payment of the excise tax on the transfer of real estate imposed by West Virginia Code §11-2-1. The sale shall be subject to such additional terms as the Substitute Trustee may announce at the time of sale. The successful bidder will be required to sign a Memorandum of Sale incorporating all terms of the sale. The sale is subject to any and all real property taxes or assessments due or to become due, all applicable subdivision and zoning restrictions, matters of survey, compliance with environmental regulations, and all other pertinent easements, restrictions, reservations, rights-of-way, and conditions of record. The sale is further subject to any mechanic’s liens and/or materialmen’s liens, whether of record or not. The Substitute Trustee reserves the right to reject any and all bids. The beneficiary of the deed of trust reserves the right to submit a bid for the property at the sale. The Substitute Trustee reserves the right, in its sole discretion, to continue the sale from time to time by written or oral proclamation. The Substitute Trustee shall be under no duty to cause any tenant or other person occupying the property to vacate, and any personal property remaining on the premises after the sale shall be deemed abandoned and disposed of accordingly. Contact Kevin Cole at First Community Bank with any questions. Given under my hand this 19th day of November, 2012.

All offers are subject to trustee approval or confirmation of acceptable offer.

Sole and Exclusive venue shall be Mercer County West Virginia.

William P. Stafford, II Substitute Trustee