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 December 19, 2016, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50641005, in Book No. 5064, at Page 1005, Danny A. Harvey did convey unto Douglas B. Ernest and Charles J. Mildren, 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, 2018, 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 Citizens Bank, N.A., to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
January 11, 2019 at 12:30 p.m.
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Town District, Raleigh County, West Virginia, and more particularly described as follows:
The surface of the following described tracts or parcels of land:
FIRST TRACT:
The surface of Lot No. Two (2) as shown on a map made by P.H. Wilson, Engineer, entitled “Map of Lots at Mt. Tabor, Town District, Raleigh County, W.Va., owned by Orville L. Williams- P. H. Wilson C. E., April 24, 1953 and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 325, at Page 217, and described as follows:
BEGINNING at a stake on the right of way line of the Mt. Tabor Road at the northeast corner of Lot No. 1 as shown on a map made by P. H. Wilson, Engineer, dated April 24, 1953, and recorded in said Clerk’s Office in Deed Book 325, at Page 217, thence following the line of said lot S. 81 46′ E. 165.67 feet to the back line of said lot No. 1, thence north 03 58′ E. 65.94 feet to a stake in the line of Orville L. Williams and corner of Lot No. 3 as shown on a map heretofore referred to; thence S. 84 25′ E. following the dividing line between Lots Nos. 2 and 3, 160.07 feet to the west right-of-way of the Mt. Tabor Road; thence following the west right-of-way line of the Mt. Tabor Road S. 00 05′ East 73.90 feet to the point of beginning, containing 0.260 acres, and being Lot No. Two (2) as shown on a map made by P.H. Wilson recorded as aforesaid.
TRACT TWO:
The surface, with any appurtenances thereunto belonging of that certain lot or parcel of land located on the west side of the Mt. Tabor Road in Town District, Raleigh County, West Virginia, and adjoining the Mt. Tabor School lot on the north side and described as follows:
BEGINNING at a stake on the west right-of-way line of the Mt. Tabor Road at the northeast corner of the Mt. Tabor School lot; thence following the line of the Mt. Tabor School lot N. 81 57′ W. 170.41 feet to the back line of the school lot; thence N. 03 58′ E. 67 feet to a stake in the line of Orville L. Williams and comer to Lot No. Two, as shown on the map hereinafter referred to; thence S. 81 46′ E. following the division line between Lots. Nos. One and Two 165.67 feet to the west right-of-way line of the Mt. Tabor Road; thence following the west right-of-way line of the Mt. Tabor Road S. 00 05′ E. 67 feet to the point of beginning, containing 0.256 acres, and being Lot No. One as shown on a map by P. H. Wilson, Engineer, dated April 24, 1953.
There is EXCEPTED and RESERVED and not conveyed herein, that certain tract or parcel of land heretofore conveyed to William B. Whitt and Joyce T. Whitt, his wife, from Douglas A. Maynard, Sandy Maynard and Ada J. Carpenter, by Deed dated June 20, 2006, and recorded in the aforesaid Clerk’s Office in Deed Book 5022, at page 6705,said out-conveyance more particularly described as the surface of the following described tract or parcel of land, being a portion of Lot 2 of the Orville L. Williams map, located at Mt. Tabor, Town District, Raleigh County, W. Va., to-wit:
BEGINNING at a pipe(found)on the western right-of-way line of Mt, Tabor Road (State Route18) at the common corner of Lots 2 & 3 of the Orville L. Williams map; thence with the western right-of-way line of Mt. Tabor Road, S. 01 58′ 16″ E. For 35.24 feet to a rebar and cap (set) on the line of Lot 2 of the Orville L. Williams map; thence, leaving western right-of-way line of Mt. Tabor Road with a new division line through Lot 2 of the Orville L. Williams map, N. 85 16′ 11″ W. For 163.32 feet to rebar and cap (set)on the line of Lot 49 of the Saddlebred, LLC property; thence, with the line of Lot 49 of the Saddlebred, LLC property, N. 03 34’07” E, For 35.00 feet to a pipe (found) on the line of the Saddlebred, LLC property and a common corner to Lot 3 of the Orville L. Williams map; thence, with the line of Lot 3 of the Orville L. Williams map, S. 85 16′ 11″ E. for 159.91 feet to the place of beginning and containing 0.1298 wires, more or less, and more particularly bounded and described on that certain map entitled “MAP SHOWING THE WILLIAM B. & JOYCE L. WHITT PROPERTY SITUATE MT. TABOR ROAD – TOWN DISTRICT – RALEIGH COUNTY – WEST VIRGINIA PREPARED LAWSON ENGINEERING & TECHNICAL SERVICES, INC. SCALE: 1″ = 40′ MAY 2006”.
And being the same property acquired by Danny A. Harvey, by Deed dated February 16, 2007 from Douglas A. Maynard and Ada J. Carpenter, recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5025, at page 7461.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 286 Mount Tabor Road, Beckley, WV 25801.
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. 65851
12-28-FRI-2-RH; LG 188223
ID: 188223