Mercer

66927, 4297 Bent Mountain

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 January 23, 2008, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 1132, at Page 368, Edward White, Jr. 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 December 19, 2018, 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

January 31, 2019 at 1:00 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:

THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND SITUATE IN PLYMOUTH DISTRICT, MERCER COUNTY, WEST VIRGINIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT 15.0 FEET, SE OF BENT MOUNTAIN ROAD AND IN JOE LILLYS LINE; THENCE WITH JOE LILLYS LINE S 10 DEG 00 MIN E 174.7 FEET TO FENCE CORNER; THENCE CONTINUING WITH JOE LILLYS LINE S 54 DEG 02 MIN W 780.2 FEET TO A STAKE IN A SWAMP; THENCE LEAVING JOE LILLYS LINE N 44 DEG 36 MIN W, 71.9 FEET TO A WHITE PINE; THENCE N 27 DEG12 MIN W, 121.7 FEET TO A STAKE; THENCE S 60 DEG 00 MIN W, 167.9 FEET TO A STAKE; THENCE N 2 DEG 47 MIN W, 325.0 FEET TO A CORNER FENCE POST; THENCE N 49 DEG 43 MIN W, 236.2 FEET TO A STAKE; THENCE N 10 DEG 23 MIN E, 541.7 FEET TO A POINT IN SAID EDGE OF BENT MOUNTAIN ROAD (15.0 FEET FROM CENTER OF SAID ROAD); THENCE WITH SAID ROAD AND 15.0 FEET FROM CENTER OF SAME IN AN EASTERLY DIRECTION TO THE BEGINNING CONTAINING 10.0 ACRES, MORE OR LESS. LESS AND EXCEPT ALL THAT PROPERTY CONVEYED TO DONNA THOMASON BY EDWARD T WHITE, JR INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF EDWARD THOMPSON WHITE,SR. AND DONNA WHITE THOMASON, BY DEED DATED 12/07/1999 AND RECORDED 01/14/2000, IN BOOK 815, PAGE 669, DESCRIBED AS A PARCEL OF LAND LOCATED ON BENT MOUNTAIN IN PLYMOUTH DISTRICT OF MERCER COUNTY, WEST VIRGINIA AS SHOWN ON A PLAT OF SURVEY ENTITLED, PLAT OF SURVEY SHOWING A PARCEL DIVIDED FROM THE EDWARD T WHITE, SR TRACT DESCRIBED IN DEED BOOK 617 AT PAGE 397 WHICH IS SITUATE ON BENT MOUNTAIN IN PLYMOUTH DISTRICT MERCER COUNTY, WEST VIRGINIA SCALE 1 INCH IS EQUAL TO 100 FEET, DATE 9/7/99 DANA PETTREY LAND SURVEYOR PO BOX 641, ATHENS, WV 24712 (301)384-7040 WHICH PLAT IS RECORDED SIMULTANEOUSLY WITH THIS INSTRUMENT AND WHICH TRACT OR PARCEL OF LAND IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER FENCE POST ON THE SOUTH SIDE OF THE BENT MOUNTAIN ROAD WHICH MARKS A COMMON CORNER OF THE EDWARD T WHITE AND EARL LILLY TRACTS; THENCE S 20 DEG 55 MIN E. 173.10 FT. WITH THE WEST LINE OF THE EARL LILLY TRACT TO A 32 INCH WHITE OAK AT A FENCE HEAD; THENCE S 40 DEG 53 MIN 45 SEC W 613.43 FT CONTINUING WITH THE EARL LILLY TRACT TO AN IRON PIN SET IN A FENCE ON A RIDGE; THENCE N 5 DEG 29 MIN 15 SEC W, 649.58 FT RUNNING THROUGH THE EDWARD T WHITE TRACT TO AN IRON PIN SET ON THE SOUTH SIDE OF THE BENT MOUNTAIN ROAD; THENCE RUNNING ALONG THE SOUTH SIDE OF THE BENT MOUNTAIN ROAD THE FOLLOWING CHORD BEARINGS AND DISTANCES N 60 DEG 10 MIN 15 SEC E, 118.02 FT TO A POINT ; THENCE S 70 DEG 24 MIN 45 SEC E, 103.46 FT TO A POINT; THENCE S 68 DEG 32 MIN 111.39 FT TO A POINT; THENCE S 87 DEG 24 MIN E, 98.51 FT TO THE BEGINNING AND CONTAINING 4.27 ACRES MORE OR LESS. LESS AND EXCEPT ALL THAT PROPERTY CONVEYED TO STEVEN M THOMASON AND MELISSA N THOMASON BY EDWARD WHITE. JR. BY DEED DATED 08/26/2005 AND RECORDED 08/29/2005 AND recorded 08/29/2005, IN BOOK 886, PAGE 282, DESCRIBED AS A CERTAIN LOT SITUATED ON ROUTE NO. 44/4 (BENT MT. ROAD) IN PLYMOUTH DISTRICT, MERCER COUNTY, WEST VIRGINIA (TAX MAP 13/28.1) AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD WITH A CAP FOUND AT THE NORTHEAST CORNER OF PARCEL 1 OF THE CLENDAL WHITE PROPERTY DESCRIBED IN DEED BOOK 755 PAGE 233 AND IN THE SOUTHERN RIGHT OF WAY OF ROUTE 44/4; THENCE LEAVING SAID CLENDAL WHITE PROPERTY AND RUNNING WITH SAID RIGHT OF WAY THE FOLLOWING 5 COURSES AND DISTANCES N 76 DEG 03 MIN 69.67 FT TO A POINT; THENCE S 86 DEG 02 MIN E, 55.18 FT TO A POINT; THENCE S 70 DEG 45 MIN E, 84.28 FT TO A POINT; THENCE S 67 DEG 40 MIN E 99.34 FT. TO A POINT; THENCE 61 DEG. 16 MIN E 52.26 FT TO A IRON ROD WITH CAP SET; THENCE LEAVING SAID RIGHT OF WAY AND RUNNING THROUGH THE LANDS OF EDWARD WHITE JR, S 18 DEG 09 MIN W 189.36 FT TO AN IRON ROD WITH CAP SET; THENCE S 4 DEG 57 MIN W 174.62 FT TO AN IRON ROD WITH CAP SET; THENCE S 73 DEG 04 MIN W, 28.19 FT TO AN IRON ROD WITH CAP SET; THENCE S 14 DEG 56 MIN E 234.48 FT TO AN IRON ROD WITH CAP SET; THENCE N 61 DEG 34 MIN W, 298.66 FT TO AN 1 1/4 INCH GALVANIZED PIPE FOUND AT THE SOUTHEAST CORNER OF SAID PARCEL 1 OF THE CLENDAL WHITE PROPERTY, THENCE WITH SAID CLENDAL WHITE N 4 DEG 00 MIN 21 SEC W, 525.45 FT TO THE POINT OF BEGINNING AND CONTAINING 3.55 ACRES, MORE OR LESS. THERE IS EXCEPTED AND RESERVED FROM THIS CONVEYANCE A TWENTY (20) FOOT RIGHT OF WAY WHICH RUNS THE TOTAL DISTANCE OF THE WESTERN BORDER OF THE ABOVE DESCRIBED PROPERTY. MAP 13 PARCEL 28.1 BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY DEED FROM LAST WILL AND TESTAMENT OF EDWARD T. WHITE, SR. TO EDWARD WHITE, JR. , DATED 04/18/1997 RECORDED ON 06/29/1999 IN WILL BOOK 70, PAGE 346 IN MERCER COUNTY RECORDS, STATE OF WV.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 4297 Bent Mountain Road, Lerona, WV 25971.

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: $3500.00 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. 66927

ID: 196669