32153
APRIL 26, MAY 3
TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on October 10, 2003, in the Office of the Clerk of the County of Commission of Monongalia County, West Virginia, in Book No. 1250 at Page 604, Renee Casteel did convey unto Charles Johnson, as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded on April 5, 2024, in Book 2599 at Page 577 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by The Bank of New York Mellon f/k/a The Bank of New York, as successor in interest to JPMorgan Chase Bank, as Trustee for Centex Home Equity Loan Trust 2004-B to foreclose thereunder will offer for sale, at a public auction at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, on
May 31, 2024 at 10:00 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Union District, Monongalia County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Union District, Monongalia County, West Virginia, more particularly bounded and described as follows, to-wit:
Beginning at a 1/2 inch reinforcing rod (set) standing in the Southern line of parcels conveyed to Frank J. Mrazeck by deeds recorded in Deed Book 1076, at page 579, and Deed Book 809, at page 478, standing as a corner to a parcel conveyed to Evelyn Stafford by deeds recorded in Deed Book 283, at page 89, and Deed Book 514, at page 20, standing on the Western side of an Access Roadway and marking the “Beginning” corner to a 0.457 acre parcel conveyed by Stafford to Frank E. and Audra M. Snider by deed recorded in Deed Book 625, at page 102;
Thence crossing the Access Roadway and with said Mrazeck parcels, North 75 Degrees 39′ 50″ East 324.05 feet to a 1/2 inch reinforcing rod (set), said rod marking the Northeast corner to said 0.457 acre parcel;
Thence continuing with said Mrazeck parcel, North 75 degrees 39′ 50″ East 21.78 feet to a mine bolt (found), said bolt marking a common corner to said Mrazeck parcel and a parcel conveyed to the Heirs of Frank Edward Snider, Sr. by will recorded in Will Book 90, at page 290;
Thence with said Frank Edward Snider, Sr. parcel, South 87 degrees 35′ 50″ East 295.13 feet to an axle (found), said axle marking a common corner to said Frank Edward Snider, Sr. parcel, a parcel conveyed to Robert John Pancoast, Jr. by deeds recorded in Deed Book 838, at page 380 and Deed Book 738, at page 316, and a parcel conveyed to Valu-King Food Center, Inc by deed recorded in Deed Book 1151, at page 515;
Thence with said Valu-King Food Center, Inc. parcel, South 59 degrees 15′ 50″ East 190.08 feet to a mine bolt (found), said bolt marking a common corner to said Valu-King Food Center, Inc. parcel and a parcel conveyed to Donald and Shirly Johnson by deed recorded in Deed Book 956, at page 222;
Thence with said Johnson parcel, South 82 degrees 39′ 00″ West 218.71 feet to a ½ inch reinforcing rod (found), said rod marking a common corner to said Johnson parcel and a parcel conveyed to Walter F. Chmiel by deed recorded in Deed Book 1135, at page 591;
Thence with said Chmiel parcel, South 77 degrees 15′ 00″ West 165.40 feet to a 1/2 inch reinforcing rod (set);
Thence with two (2) new division lines and Parcel A of this survey, North 14 degrees 43′ 00″ West 72.86 feet to a 1/2 inch reinforcing rod (set);
Thence with a line passing 10 feet Southeast corner of a garage situate on the parcel surveyed, South 77 degrees 15′ 00″ West 55.00 feet to a 1/2 inch reinforcing rod (set), said rod standing in the Eastern line of said Stafford parcel;
Thence with said Stafford parcel, North 14 degrees 43′ 00″ West 48.93 feet to a ½ inch reinforcing rod (set), said rod stands as the Southeast corner to said 0.457 acre parcel and standing on the Southern limits of the Access Road Cartway;
Thence with two (2) lines with said Stafford parcel and said 0.457 acre parcel, South 76 degrees 41′ 50″ West 316.02 feet to a 1/2 inch reinforcing rod (set);
Thence North 22 degrees 29′ 40″ West 59.97 feet to the beginning, containing 70,182 square feet or 1.6112 acres, more or less, as shown on a plat of survey prepared by Allan J. Witschi, P.S. No. 587, of Greenleaf Surveying Company, dated October 2, 2000, a copy of which is attached hereto and made a part hereof.
This conveyance is made subject to any and all exceptions, reservations, restrictions, easements, rights-of-way and conditions as contained in prior deeds of conveyance in this chain of title. Address: 1113 Canyon Rd.; Morgantown, WV 26508.
At the time of the execution of the Deed of Trust this property was reported to have an address of 1113 Canyon Road, Morgantown, West Virginia 26508.
The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens
and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust.
The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute Trustee reserves the right to adjourn the sale for a time, or from time to time, without further notice, by announcement at the time and place of the foreclosure sale described herein.
TERMS OF SALE
1. $5,000.00 (Five Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance of the final sale price due and payable within thirty (30) days of sale. Personal checks will not be accepted.
2. The purchaser at the sale shall be responsible for payment of all real estate taxes.
3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code § 11-22-2.
4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure 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. 88692
Sponsored by ZMM Architects and Engineers