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 May 9, 2008, and duly recorded in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Document No. 54627, in Book No. 631, at Page 347, Joshua C. Burns and Delilah N. Burns did convey unto Matt Kingery, Trustee, 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 October 18, 2016 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 Bank of America, N.A. to foreclose thereunder, will offer for sale at public auction at the front door of the Greenbrier County Courthouse in Lewisburg, West Virginia, on
December 9, 2016 at 2:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in White Sulphur Corp District, Greenbrier County, West Virginia, and more particularly described as follows:
All of that certain lot, tract or parcel of land, together with the buildings thereon, and the easements, rights of way and appurtenances thereunto belonging, being in the Town of White Sulphur Springs, adjoining the Huddleston Hills Addition in said Town and adjoining the former Patterson property, situate in White Sulphur District, Greenbrier County, West Virginia, more particularly described as follows:
FIRST: “BEGINNING at a black oak, corner of Barnwell and Patterson and a 10 foot right- of-way; thence with Patterson and the east line of said right-of-way in a northerly direction a distance of 72 feet to a white oak stump corner to Patterson; thence leaving the right-of- way and through the survey in an easterly direction 48 feet to a blazed white oak; thence in a southerly direction through the survey 70 feet to a blazed white oak which oak is 33 feet from the point of beginning; thence in a westerly direction 33 feet to the BEGINNING.”
SECOND: “BEGINNING at a blazed white oak, a corner to a tract sold by Meda Patterson to Ware, which tract now belongs to Sam Linkous and with same, N 32-30 W 70 feet to a stake; thence leaving Linkous and down hill through the Barnwell land, S 50 E 25 feet to a stake on side of hill; thence along side of hill, S 32-30 E 70 feet to a stake on the Barnwell outside line and with up hill, N 50 W 25 feet to the place of BEGINNING, containing 1,750 square feet, as surveyed on July 17, 1967, by Guy R. White, Surveyor.”
THIRD: “Metes and bounds of the Hector Joseph Gisi property on Abbott Hill between Rip Van Winkle and Old White Trail of the Huddleston Hills Addition to White Sulphur Springs, ‘BEGINNING at an iron pin on east side of the Livesay Road on line of Eugene Livesay; thence leaving same with said road N 39 W 100 1/2 feet to an iron pin on same side of road; thence, N 16 W 153 feet to a stake by road at entrance to the Gisi property; thence, N 36-30 W 11 feet to an iron pin on side of hill; thence leaving road with the Price Tract, N 87-30 E 66 feet to a chestnut oak; thence, N 5 W 90 feet to a stake on south side of Azalea Trail; thence leaving Price and with Azalea Trail, N 68-30 E 130 feet to a stake in old down red oak stump; thence along under top of hill with a tract of Gisi’s SOUTH 137 feet to an iron pin; thence along hill, S 10-30 E 150 feet to an iron pin on side of hill below a large white oak on line of Eugene Livesay line; thence up hill with same, S 71-30 W 125 feet to an iron pin on top of hill; thence, S 36 W 115 feet to the place of BEGINNING, containing 1.5 acres, more or less.”
Reference is hereby made to all prior instruments in the chain of title for all reservations, restrictions, limitations and easements and right of way affecting the property herein conveyed.
For Purposes of West Virginia Code §38-1-4, any notice of Trustee’s sale shall be mailed to the Grantor at the following address (or such address subsequently given to Lender in writing by the Grantor): 60 Abbott Drive White Sulphur Springs, WV 24986
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 60 Abbott Dr, White Sulphur Springs, WV 24986 AKA 231 Abbott Dr, White Sulphur Springs, WV 24986.
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: $9000.00 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.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 48244
(17,24nv)