Mercer

60263, RT 1 Box,

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 April 15, 2008, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 1138, at Page 722, and revised in Book No. 1066, at Page 697, Karen Lynn Rye and James Rye did convey unto Janet Phillips, 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 April 17, 2019, 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 Bayview Loan Servicing, LLC, a Delaware Limited Liability 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

May 22, 2019 at 2:00 PM

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

ALL THAT CERTAIN TRACT OR PARCEL OF LAND TOGETHER WITH IMPROVEMENTS AND APPURTENANCES THERETO BELONGING, SITUATE ON THE WATERS OF WIDEMOUTH CREEK, IN THE COUNTY OF MERCER AND STATE OF WEST VIRGINIA, BOUND AND DESCRIBED AS FOLLOWS:
BEGINNING AT A HUB IN THE COUNTY ROAD LEADING UP SAID CREEK, A CORNER OF J. M. WRIGHTS LAND, THENCE WITH A LINE OF SAME N. 59 DEGREES E. 863 FEET TO A SMALL BLACK OAK SAPLING ALSO A MAPLE AND CHESTNUT MARKED AS POINTERS ON TOP OF A RIDGE S CORNER OF SAID J. E. WRIGHTS LAND, THENCE WITH SAME N. 26 DEGREES 15 MINUTES W. 496 FEET TO A STAKE, 7 FEET EAST OF THE THREE SPRUCE PINES CONTINUING ON SAME BEARING N. 26 DEGREES 15 MINUTES W. 106 FEET TO A BIRCH SAPLING ABOUT 25 FEET SOUTH OF A HOLLOW NEAR A POND AT THE MOUTH OF A HOLLOW, THENCE UP AND WITH THE MEANDERINGS OF A HOLLOW ABOUT THE SAME COURSES N. 26 DEGREES 15 MINUTES W. 425 FEET TO A STAKE, ABOUT 20 FEET SOUTH OF A SPRING, N. 2 DEGREES W. 285 FEET TO A STAKE IN THE HOLLOW, A CORNER OF SAID J. E. WRIGHTS LAND, AND IN A LINE OF WILLIAM BAILEY LAND, THENCE WITH SAID BAILEY, N. 89 1/2 DEGREES W. 300 FEET TO A STAKE ON THE TOP OF A RIDGE, IN A LINE OF A PIECE OF LAND OWNED BY T. B. COOK, J. B. NEULAND HILTON, MARKED A CHESTNUT OAK, BLACK JACK, S. 29 DEGREES W. 106 FEET TO A CHESTNUT S. 17 DEGREES E. 564 FEET TO A STAKE, BLACK JACK, CHESTNUT AND HICKORY POINTERS, THENCE S. 45 DEGREES W. 737 FEET TO A FORKED SPRUCE PINE ON THE N. E. SIDE OF THE COUNTY ROAD, ON THE EAST SIDE OF A SPRING, THENCE RUNNING WITH THE COUNTY ROAD ABOUT S. 41 1/2 DEGREES E. ABOUT 700 FEET TO THE BEGINNING, AND IS SUPPOSED TO CONTAIN ABOUT 30 ACRES, BE THE SAME MORE OR LESS. MAP 37 PARCEL 63.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: Rt 1 Box 60, Matoaka, WV 24736.

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: $5000.00 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. 60263

ID: 243357