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 September 4, 2001, and duly recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Document No. 30005, in Book No. 183, at Page 238 and re-recorded in Document No. MOD 686851, in Book No. 278, at Page 621 and re-recorded in Document No. MOD 709188, in Book No. 310, at Page 272 and re-recorded in Document No. MOD 746356, in Book No. 333, at Page 175 and re-recorded in Document No. MOD 776404, in Book No. 351, at Page 860 and re-recorded in Document No. MOD 786343, in Book No. 360, at Page 510 and re-recorded in Document No. MOD 813489, in Book No. 386, at Page 545 and re-recorded in Document No. MOD 836048, in Book No. 417, at Page 295, Andrew S Mowery and Kathie M Mowery did convey unto Randall R. Conrad II, 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 MidFirst Bank 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
June 4, 2024 at 9:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 01 – Allen District, Morgan County, West Virginia, and more particularly described as follows:
ALL THAT CERTAIN lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in Allen District, Morgan County, West Virginia, being more particularly bounded and described as follows:
“Beginning at (1) a set 5/8 inch rebar in the John E. Barker (DB 170, Page 157) and corner to Steve Mowery (DB 83, Pg. 517), thence with said Mowery N 40° 03′ 24″ E. 5.47 feet to a found ¼ inch rebar, the same course continued 179.17 feet farther to a found ½ inch rebar corner to said Mowery, the same course continued into the original tract of which this parcel is a part 25.22 feet farther to a set 5/8 inch rebar, the same course continued 15.00 feet farther (in all 224.86 feet) to (2) the center of a 20 foot wide non-exclusive right-of-way, thence through said original tract by the following six new division lines, the first five of which with the center of said 20 foot wide non-exclusive right-of-way, the first being with a curve to the left of radius 255.00 feet, delta angle of 7° 24′ 57″, and arc length of 33.01 feet, the chord of which bears S 43° 32′ 31″ E. 32.98 feet to (3), thence S 47° 15′ 00″ E. 136.87 feet to (4), thence S 43° 29′ 00″ E. 68.40 feet to (5), thence S 37° 49′ 00″ E. 86.50 feet to (6), thence S 42° 25′ 00″ E/ 58.44 feet to (7), thence leaving the center of said right-of-way S 47° 35′ 00″ W. 15.00 feet to a set 5/8 inch rebar, the same course continued 217.15 feet farther (in all 232.15 feet) to (8) a set 5/8 inch rebar in the line of the aforesaid Barker, thence with said Barker N 41° 58′ 36” W 309.03 feet to a found 5/8 inch rebar, the same course continued 43.93 feet farther (in all 352.96 feet) to the BEGINNING, containing 1.96 acres more or less, as surveyed by Charles P. Dawson, WV LLS No. 808 during December 1999, and shown on Berkeley Land Surveys plat No. 99269.
TOGETHER WITH and SUBJECT TO a 20 foot wide non-exclusive right-of-way which leads to an existing road bed, said existing road bed leading to Morgan County Route 8, the location of said right-of-way as clearly shown on said Plat No. 99269.
AND BEING the same parcel of real estate conveyed to the Grantors herein by Deed dated July 28, 2000, from Donald E. Fox and Violet C. Fox and recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 192, at page 64.
FOR PURPOSES OF SECTION 4, ARTICLE 1, CHAPTER 38 OF THE WEST VIRGINIA CODE ANNOTATED, ANY NOTICE OF A TRUSTEE’S SALE SHALL BE MAILED TO THE GRANTORS HEREUNDER AT THE FOLLOWING. ADDRESS (OR SUCH OTHER ADDRESS SUBSEQUENTLY GIVEN TO THE LENDER IN WRITING BY THE GRANTOR): Rte. 2 Box 4106, Martinsburg, WV 25401
At the time of the execution of the Deed of Trust, this property was reported to have an address of: RT 2 Box 4106, 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. 33360
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