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 October 5, 2020, and duly recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Document No. 871134, in Book No. 458, at Page 623 and re-recorded in Document No. 887380 (MOD), in Book No. 488, at Page 825, Anthony D. Myers did convey unto Richard A. Pill, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by PennyMac Loan Services, LLC to foreclose thereunder, will offer for sale at public auction at the front door of the Morgan County Courthouse in Berkeley Springs, West Virginia, on
September 10, 2024 at 9:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 06 – Rock Gap District, Morgan County, West Virginia, and more particularly described as follows:
All of that certain real property, with improvements and appurtenances thereunto belonging, situate, and being, in Rock Gap District, Morgan County, West Virginia, and more particularly described as follows:
BEGINNING at a 5/8 inch rebar, set, corner to Lots 49 and 48 in the outside boundary of Apple Orchard Acres Subdivision (Map Book 2, Pg. 65); thence with Lot 49 and said outside boundary, N. 24 deg. 57′ 00″ E., 187.70 feet to a 5/8 inch rebar, set, corner to Lots 49 and 50; thence, with Lots 49 and 50, S. 65 deg. 12′ 11″ E., 289.38 feet to a 5/8 inch rebar, set; thence, crossing Lot 49, S. 24 deg. 52′ 24″ W., 187.70 feet to a 5/8 inch rebar, set in the line of Lots 49 and 48; thence, with Lots 49 and 48, N. 65 deg. 12′ 11″ W., 289.63 feet to the point of beginning, and containing 1.247 acres, as surveyed by Michael M. Crawford, Licensed Land Surveyor, in December, 1980, as shown on plat No. 81013, as Lot 49B, which plat is recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book No. 123, at Page 69, to which reference is hereby made.
SAID PARTY of the first part further grants and conveys for the above consideration unto the parties of the second part, their heirs and assigns, a non-exclusive, forty (40) foot wide right of way for access running from a 30 foot wide subdivision right of way in a westerly direction and lying 20 feet on each side of the common boundary between Lots 49A and 50A to Lot 49B herein conveyed, as shown on the aforesaid plat to which reference is hereby made.
THIS CONVEYANCE is made expressly subject to a 20 foot wide utility easement lying east of and adjacent to the west boundary line of Lot 49B herein conveyed, as shown on the aforesaid plat.
PROPERTY ADDRESS: 75 Apple Orchard Court, Berkeley Springs, West Virginia 25411
SUBJECT TO and TOGETHER WITH the following: all covenants, restrictions, conditions, easements, reservations, rights-of-way, public utility easements, and other matters of record in existence, to the extent valid, subsisting, and enforceable; any lien of taxes for the current year and subsequent years, accrued but not yet payable; matters that would be shown by an accurate survey and inspection of the property; zoning requirements, statutes, rules, orders, restrictions, regulations, and ordinances of governmental agencies or their instrumentalities relating to the property, the buildings located thereon, their construction and uses, in force on the date hereof (if any such exist); and, all roads and legal highways.
FOR PURPOSES OF SECTION 4, ARTICLE 1, CHAPTER 38 OF THE WEST VIRGINIA CODE, ANY NOTICE OF TRUSTEE’S SALE SHALL BE MAILED TO THE GRANTOR(S) HEREUNDER AT THE FOLLOWING ADDRESS (OR SUCH OTHER ADDRESS SUBSEQUENTLY GIVEN TO LENDER IN WRITING BY THE GRANTOR(S)): 75 Apple Orchard Court, Berkeley Springs, West Virginia 25411
This conveyance is made expressly subject to the following protective covenants and restrictions, which covenants and restrictions shall run with the land, to wit:
1. All lots subject to the other paragraphs of these covenants, may be divided into smaller lots. All lots, to include those lots created as a result of the said division of a lot, are subject to the following provisions. No building shall be erected, altered, placed or permitted to remain on any of the heretomentioned lots, other than a detached single family dwelling and such garage or other outbuildings as may be required for the needs of the owner or occupant of said residence. The minium size of any such residence, built on any of the said lots, shall be at least 660 square feet, exclusive of basement, garage, porch or carport.
2. No bulding shall be located on any of said lots nearer to the centerline of any road in Apple Orchard Acres Subdivision, than fifty (50) feet. No building shall be located nearer than twenty (20) feet from said lines or twenty-five feet from the back line of any of the said lots.
3. The grantors reserves unto itself, its successors and assigns, the right to erect and maintain telephone and electric poles, conduits, equipment, sewer, gas and water lines or grant easements or rights of way therefore, with the right of ingresss and egress for the purpose of maintenance on, over or under a strip of 15 feet wide at any point along the side, rear or front lines of any of said lots.
4. No signs, billboards or advertising of any nature shall be erected, placed or maintained on any lots herein designated nor upon any buliding erected thereon, except directional and information signs of grantor.
5. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
6. All sewage and water systems shall comply with the specification of West Virginia Department of Health. No pit privies shall be permitted at any time.
7. Satisfactory culverts must be used where necessary to allow proper drainage, such culverts to be constructed and maintained at the sole expense of the owner.
8. No trucks, old cars or unsightly vehicles of any type or description may be left abandoned on said lots.
9. None of the said lots shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in a sanitary covered container. It shall be the policy to maintain all lots in a neat and attractive manner.
10. The use of any mobile homes, trailer, or campers on any of the said lots is unauthorized, except for the use of temporary camping trailers.
11. Grantors may assess each lot owner the sum of $25.00 per year, per lot for the use, upkeep and maintenance of the roads and such common facilities as the said grantors may provide. The rights of grantors may be delegated to a committee of lot owners, appointed by the grantors, or to a lot owners association elected by the lot owners. Should the rights and responsibilities be delegated to a lot owner’s association, said owner’s association may assess what reasonable figure it might deem necessary to maintain said road and common facility.
12. If the parties hereto, or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any of said lots to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, either to prevent him or them from doing so to recover damages or other dues for such violation.
13. Invalidation of any of these covenants by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect.
14. Grantors shall be entitled to connect to and use the Orchard water supply at prevailing rate and subject to any water rate increase for lot owners using the water system.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 75 Apple Orchard Ct, Berkeley Springs, WV 25411.
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 at the time of sale 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. 86525
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