The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated September 27, 1996, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book No. 515, at Page 444, Peggy L Nichols and Daniel W Nichols did convey unto Douglas C. 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; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by U.S. Bank National Association, as Trustee, as successor to Firstar Trust Company, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1996-10 to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on
October 20, 2025 at 2:30 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 03 – Valley District, Fayette County, West Virginia, and more particularly described as follows:
All that certain tract or parcel of real estate, situate on Gauley River, Valley District, of Fayette County, West Virginia, being all of the residue of that certain tract or boundary of real estate which was conveyed to Sallie T. Simms, by deed of Ella Straughan and others, dated the 5th day of October, 1914, and of record in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Deed Book 46, at page 295, and 120 at Page 19, together with the improvements thereon, which tract or parcel of land was assessed on the 1946 land books of Fayette County, West Virginia, in said Falls District, to Sallie Simms as "7.51 acres Gauley River", which is bounded generally up the river and on the East by the lands of Marshall W. Simms, on the South by the lands of Gauley Mountain Coal Company, on the West by the Lands of Grover C. Simms and May Penick and on the North by Gauley River.
And being a part of the same property which was conveyed unto Daniel Nichols and Peggy Nichols, his wife, by deed of Salley Elvera Knotts and Edward H. Knotts, her husband, and Eugene Gary Simms and Naomi Simms, his wife, dated the 25th day of November, 1991, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 491, at Page 322.
This deed of trust is made and accepted subject to all validly continuing reservations, restrictions, covenants, conditions, rights-of-way and easements made or contained in all prior deeds in the chain of title to the land herein conveyed.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Jodie Road, Jodie, WV 26690.
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. 93076