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 May 21, 2004, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Document No. 1588779, in Book No. 1236, at Page 346, Brenda S. Shepherd did convey unto Richard Pill, 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 November 6, 2015 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 HSBC Bank USA, National Association, as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust, Home Equity Asset- Backed Certificates, Series 2004-2 to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse in Wheeling, West Virginia, on
February 26, 2016
at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Valley Grove District, Ohio County, West Virginia, and more particularly described as follows:
A tract of real estate situated in Valley Grove, Liberty District, Ohio County, West Virginia, more particularly bounded and described as follows: Beginning at a point at the southeast corner of a 1.928 acre tract of Nelson (Deed Book 703, Page 573), said point being located N 58* 35′ 27″ W 8.96 feet from a dead maple tree, thence with the original boundaries of Wellington (Deed Book 524, Page 4) S 44* 05’24” W 150.32 feet to a point on the west side of Little Wheeling Creek, thence S 16* 05’24” W 80.0 feet to a point on the west side of said creek, thence N 73* 09’45” W 325.67 feet to a point, thence N 18* 02’37” E 76.18 feet, to a point, thence following a fence line N 10* 06′ 37″ E 165.45 feet to a point at the southwest corner of the above mentioned Nelson tract, thence with said tract the following eleven (11) courses: S 71* 30′ 42″ E 30.55 feet to a point, thence S 79* 02′ 18″ E 41.18 feet to a point, thence S 72* 49’49” E 31.38 feet to a point, thence S 73* 16′ 20″ E 44.85 feet to a point, thence S 71* 39′ 10″ E 48.01 feet to a point, thence S 69* 51′ 12″ E 52.10 feet to a point. Thence S 73* 30′ 30″ E 27.96 feet to a point, thence S 66* 14′ E 38.0 feet to a point, thence S 67* 18′ 30″ E 20.81 feet to a point, thence S 59* 32′ E 46.72 feet to a point, thence S 58* 35′ 27″ E 32.77 feet to the place of beginning, containing 1.943 acres, more or less, according to a survey by Chadan Engineering in April, 1999.
The Party of the First Part does further GRANT and CONVEY all her right, title and interest in and to that certain Right of Way for the purpose of ingress and egress of the private road of R. H. Bowman to the National Road as it is now located.
Saving and excepting from this conveyance the road over the lands hereinbefore described from the lands of John Pogue to Little Wheeling Creek, which road way is for the use of the said Pogue, his heirs or assigns, and is the same that was conveyed to the said Pogue by Thomas W. McConn and wife by deed now of record in the Clerk’s Office of Ohio County, West Virginia, said road way follows the road as now traveled by said Pogue, but the right of way over said road that was reserved by said McConn and wife to reach their lands, is hereby conveyed to the said Robert Nelson and Virginia Nelson, their heirs and assigns.
Saving and excepting and reserving from this conveyance all of the coal, coal rights and privileges as are of record in deed of Thomas W. McConn and wife, T. R. Hubbard Bowman, by deed dated the 12th day of May, 1904, and recorded, in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 115, at page 250.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 3613 National Road, Valley Grove, WV 26060.
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: $5,000.00 in cash and/or certified funds as deposit 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. 36746
Int. Feb. 16, 23, 2016
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