Mercer

NOTICE

TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated August 21, 2000, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 871, at Page 801 and modified in Book No. 1058, at Page 410, Edgar Kirby and Iris Kirby did convey unto Dewey Russell and John Bowling, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated May 20, 2014 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Branch Banking and Trust Company to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on September 4, 2014 at 1:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Plymouth District, Mercer County, West Virginia, and more particularly described as follows: A CERTAIN TRACT OR PARCEL OF REAL ESTATE SITUATE ON THE WATERS OF BRUSH CREEK APPROXIMATELY 4 MILES NORTHEAST OF PRINCETON ON COUNTY ROAD 14 (EADES MILL ROAD), SAID PROPERTY BEING SITUATE AT THE INTERSECTION OF EADES-MILL ROAD AND THE UNITY ROAD (COUNTY ROAD 14/1), PLYMOUTH DISTRICT, MERCER COUNTY, WEST VIRGINIA, AS SHOWN UPON A MAP BEARING THE LEGEND, ‘PLAT OF SURVEY SHOWING TRACTS 1 AND 2 OF THE BLANCHE I. DUNCAN ET AL PROPERTY TO BE CONVEYED …. SURVEYED 8/88 BY RONALD D. FINK, L.S.’, AND WHICH PLAT IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MERCER COUNTY, AS MICROFILM PLAT #9936, AND WHICH TRACT OR PARCEL OF REAL ESTATE IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: “BEGINNING AT AN IRON PIN SITUATE IN THE SOUTHERN CORNER OF TRACT NO. 1 AS SHOWN UPON SAID PLAT AND IN THE EASTERN RIGHT OF WAY LINE OF UNITY ROAD, FROM WHICH AN 18 INCH WHITE PINE IS SITUATE S. 51? 30′ E. 32.80 FEET; THENCE WITH THE COMMON LINE OF TRACTS 1 AND 2 N. 44? 52′ E. 62.53 FEET TO AN IRON PIN; THENCE S. 35? 51′ E. 268.20 FEET TO AN IRON PIN; THENCE S. 61? 27′ W. 177.67 FEET TO AN IRON PIN SITUATE IN THE EASTERN RIGHT OF WAY LINE OF SAID UNITY ROAD; FROM WHICH A 16 INCH WHITE PINE IS SITUATE S. 82? 40′ E. 31.50 FEET; THENCE WITH THE SAID UNITY ROAD N. 29? 10′ W. 104.15 FEET TO AN IRON PIN; THENCE N. 47? 29′ W. 130.90 FEET TO THE BEGINNING, AND CONTAINING 1.04 ACRES, MORE OR LESS.” And being the same property which was conveyed unto Edgar Kirby by deed of Cindy Kirby dated February 15, 1991, of record in the aforesaid Clerk’s Office in Deed Book 708 at Page 706; the said Edgar Kirby having conveyed one-half undivided interest unto Iris Kirby by deed recorded in said Clerk’s Office in Deed Book 758 at Page 160. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 202 Unity Road, Princeton, WV 24740. The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes. The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. TERMS: $3,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale. FEDERAL TAX LIEN: In the event that 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. Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale. SENECA TRUSTEES, INC. 6108 Mid Atlantic Drive Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 16208