49456, 276 Rustic Hill

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 30, 2008, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 1143, at Page 527, Linda F. Kirby and Steven R. Kirby did convey unto Douglas McElwee, 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 December 9, 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 Federal National Mortgage Association (“Fannie Mae”) to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on

January 24, 2019 at 1:00 PM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Beaver Pond District, Mercer County, West Virginia, and more particularly described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Mercer, STATE OF West Virginia, AND IS DESCRIBED AS FOLLOWS:

FIRST: “ALL THOSE CERTAIN LOTS, KNOWN AND DESIGNATED AS LOTS 38, 39 AND 40, SITUATE A SHORT DISTANCE WEST OF THE JUNCTION OF STATE ROUTE NO. 71, IN BEAVER POND DISTRICT, MERCER COUNTY, WEST VIRGINIA, AS SHOWN UPON A MAP OF THE SAME, WHICH MAP BEARS THE LEGEND, ‘HAGER HOMES DIVISION ON STATE ROAD 20, NEAR PRINCETON, 1969, SCALE 100 FEET TO THE INCH, SURVEY BY C. J. LILLY, HINTON,’ AND WHICH SAID MAP IS FILED IN THE OFFICE OF THE ASSESSOR OF MERCER COUNTY, WEST VIRGINIA IN COUNTY MAP BOOK 2, AT PAGE 118, ALSO KNOWN A MICROFILM MAP NO. 780.”

SECOND: “ALL THAT CERTAIN LOT OR PARCEL OF REAL ESTATE SITUATE IN ‘BEAVER POND DISTRICT, MERCER COUNTY, WEST VIRGINIA, A SHORT DISTANCE WEST OF THE JUNCTION OF STATE ROUTE 20 AND 71, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:”

“KNOWN AND DESIGNATED AS LOT 41, AS SHOWN ON A MAP OF THE SAME BEARING THE LEGEND, ‘HAGER HOMES DIVISION ON STATE ROAD 20, NEAR PRINCETON, 1960, SCALE 100 FEET TO THE INCH, SURVEY BY C. J. LILLY, HINTON,’ WHICH SAID MAP IS FILED IN THE OFFICE OF THE ASSESSOR OF SAID COUNTY IN COUNTY MAP BOOK 2, AT PAGE 118.”

AND BEING THE SAME PROPERTY CONVEYED AS AFORESAID.

THIS CONVEYANCE IS SUBJECT TO AN EASEMENT IN FAVOR OF THE APPALACHIAN ELECTRIC POWER COMPANY AND TO ALL PERTINENT RESTRICTIONS, RESERVATIONS AND EASEMENTS OF RECORD.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 276 Rustic Hill Drive, 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: $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. 49456

ID: 194325