The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated October 26, 2006, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Document No. 2006509849, in Book No. 00782, at Page 00159, James S Oiler and Susan R Oiler did convey unto Robert P. Howell, 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 The Huntington National Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on
December 1, 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:
The surface of the following described lot or parcel of land. together with the improvements thereon and the appurtenances thereunto belonging, situate in the Village of Cannelton, Fayette County, West Virginia, as follows:
Lot No. B 18 as shown upon that certain map entitled: "October 1, 1959, Map showing subdivision of Surface Tracts, Cannelton Coal & Coke Co., for sale by Valley Homes, Inc., Block B, Cannelton, Fayette Co., W. Va., Scale: 1 inch = 50 feet", prepared by Kenneth P. Robbins, Engineer, said map is of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 15, at Page 2.
And being the same property conveyed unto Robert Lee Turner and Viola Turner, his wife, as joint tenants with the right of survivorship and not as tenants in common, by Cannelton Coal Company, a West Virginia Corporation, by Deed dated January 2, 1960, of record in the aforesaid Clerk's Office in Deed Book 226, at Page 301. The said Viola Turner died a resident of Fayette County, West Virginia, on April 6, 1996, title to the property hereby conveyed having vested in her spouse, Robert Lee Turner, by virtue of the survivorship clause in said deed. The said Robert Lee Turner died testate a resident of Fayette County, West Virginia, on August 1, 2006, and by his Last Will and Testament of record in the aforesaid Clerk's Office in Will Book 70, at Page 662, directed that his Executrix named therein. Patricia Turner Frazier, "Sell my real estate" and distribute the net proceeds therefrom as provided more fully in said Last Will and Testament. The conveyance hereunder by said Executrix is made in accordance with and pursuant to the direction set forth in said Last Will and Testament.
There are excepted and reserved from this conveyance:
1. All oil, gas and other minerals in and under said lot or parcel of land, together with the right to remove the same. Provided, however, that in the removal of said oil, gas and other minerals no opening or entry for the removal of same shall be made on the surface of said parcel.
2. All necessary and convenient rights of way and easements for existing water, sewerage, power, gas, electric, telephone and other utility right-of-way lines together with a right of easement for Cannelton Coal and Coke Company, a West Virginia Corporation, its successors, grantors and assigns to enter upon said lot of land to maintain and repair said rights-of-way and lines.
3. All rights-of-way and easements of every kind and character heretofore granted, sold and otherwise disposed of by Cannelton Coal and Coke Company, a West Virginia Corporation, to any third party which is in any wise affects said lot hereinabove described.
4. Any and all reservations, restrictions and easements of record in the Office of the County Clerk of Fayette County, West Virginia, if any in any wise said lot hereinabove described.
This conveyance is made subject to any and all covenants, restrictions and easements as the same may appear in instruments of record in the aforesaid Clerk's Office.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: B18 Cannelton Hollow Road, Cannelton, WV 25036.
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. 70641