TRUSTEE’S SALE OF VALUABLE REAL ESTATE

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 November 9, 1993, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Book No. 472, at Page 778, Tommy Simms and Jane A. Simms did convey unto James L. Whytsell and Phyllis H. Arnold, Trustees, 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 July 31, 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 Wells Fargo Bank, N.A. 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 7, 2016 at 4:00 p.m. the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Oak Hill District, Fayette County, West Virginia, and more particularly described as follows: That certain tract or parcel of real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in the City of Oak Hill, Fayette County, West Virginia, and being more particularly described as follows, to-wit: BEGINNING at a pin (set) on the eastern r /w of Sanger Street, and at the common corner of Lots 6 and 7; thence leaving Sanger Street and with an old fence line S 63 f 44′ E 125.00 feet to a pin (set) at the common corner of Lots 6 and 7 and, on the western r/w of a 10′ alley; thence with the line of Lots 7, 8 and 9 and the 10′ alley S 23 f 06′ W 120.00 feet to a chain link fence post (found) at the common corner of Lots 9 and 10 and on 10′ alley r/w; thence leaving the 10′ alley, and with the common line of Lots 9 and 10, N 63 f 44′ W 125.00 feet to a spike (set) at the common corner of Lots 9 and 10 and on the eastern r/w of Sanger Street; thence with Sanger Street, N 23 f 06 E 120.00 feet to the point of beginning, and containing 0.34 of an acre, and being more particularly shown on the plat entitled, “Plat Showing Lots 7, 8, & 9 Section 1 of the Lilly Land Co. Addition ta be Conveyed unto Tommy & Jane Simms Situated at 132 Sager Street, Oak Hill, Fayette Co., WV. Scale 1″ = 40′ November 5, 1993”, which said plat is attached to the next-mentioned deed. And being the same tract or parcel of real estate which was conveyed unto Tommy Simms and Jane A. Simms, husband and wife, by Kelvin Edward Holliday and Betty Ann Holliday, husband and wife, dated November 5, 1993, and to recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, prior to or simultaneously with the recordation of this instrument. 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. For purposes of West Virginia Code Section 38-1-4, any notice of Trustee’s Sale shall be mailed to the Grantor at the following address (or such other address subsequently given to Lender in writing by the Grantor): At the time of the execution of the Deed of Trust, this property was reported to have an address of: 132 Sanger Street, Oak Hill, WV 25901. 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: $3,500.00 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. 33840 11-7-MON-2-RH; 4945