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 January 22, 2014, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50541403, in Book No. 5054, at Page 1403, Wayne T Ramsey, II did convey unto Carl W Roop, 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 February 28, 2020 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 The Huntington National Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
June 1, 2020 at 1:15 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Shady Spring District, Raleigh County, West Virginia, and more particularly described as follows:
The surface of those certain tracts or parcels of land situate in Shady Springs District, Raleigh County, West Virginia, and being more particularly bounded and described as follows:
TRACT NO. 1: The surface together with all the appurtenances thereunto belonging, of a certain tract or parcel of land which is situated in Shady Spring District, Raleigh County, West Virginia, being on Kimberly Street, adjacent to Lot 32 of the Beaverbrook Acres Subdivision, said Kimberly Street and said Lot No. 32 being shown on a map entitled “MAP NP. 2 BEAVERBROOK ACRESSUB-DIVISION, OWNED BY MEADOWS & MEADOWS, INC. LOCATED AT SHADY SPRINGS, SHADY SPRINGS DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, SCALE: 1″ = 100′ SEPTEMBER 27, 1972, SURVEYED & DRAWN BY: S.N. HALE, GHENT, W.VA. L.L.S. – REG. NO. 261,” EHICH SAID MAP IS RECORDED IN THE Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 12, at page 8. Said tract or parcel of land hereby conveyed is more particularly bounded and described as follows:
BEGINNING at a stake on the right-of-way line of Kimberly Street, at a common corner to Lot 32 of the Beaverbrook Acres Subdivision and the property of Meadows & Meadows, Inc., thence leaving said right-of-way line of Kimberly Street and with the common line between Lot 32 of the Beaverbrook Acres Subdivision and the Meadows & Meadows, Inc. property, S. 67deg. 11′ E. 200 feet to a stake, at a common corner of said Lot 32 of the Beaverbrook Acres Subdivision and the Meadows & Meadows, Inc. property, at the back line of said Lot 32; thence leaving the common line and corner with Lot 32, and in a new line through the property of Meadows & Meadows, Inc., N. 22deg. 49′ E. 150 feet to a stake (said new line running parallel to but a distance of 200 feet from the right-of-way of Kimberly Street); thence in another new line through the property of Meadows & Meadows, Inc., N. 67deg. 11′ W. 200 feet to a stake on the right-of-way line of Kimberly Street; thence with the right-of-way line of Kimberly Street S. 22deg. 49′ W. 150 feet to a stake at a corner to Lot 32 of the Beaverbrook Acres Subdivision on the right-of-way line of Kimberly Street, the point and place of beginning and containing 30,000 square feet, more or less.
It is understood and agreed by the parties hereto that the following protective covenants shall run with the land:
1. The lot hereby conveyed shall be used for residence purposes only, and only one single family residence shall be constructed thereon; and no residence building shall be constructed on such lot with its main front wall closer than thirty-five(35) feet to the street on which the same faces, or closer than fifteen (15) feet to any side line.
2. Any residence constructed in the above described subdivision shall have a minimum cost of construction of not less than Sixteen Thousand Dollars ($16,000.00) based on 1970 values and any residence in said subdivision must have at least 1000 square feet of living area, exclusive of the garage area.
3. No commercial or industrial activities shall be carried on upon any lot in the above described subdivision; it being the intention of the Developer that the use and occupancy of said property shall be limited to residential purposes, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
4. No trailers, mobile homes or junk vehicles shall be permitted on said property.
5. No barns, shacks or outbuildings of any kind shall be constructed on said lots located in the above described subdivision.
6. The party of the first part reserves to itself, its successors and assigns, the right to lay and maintain a sewer through and under the real estate herein conveyed, which said sewer line shall not in any way interfere with any building, or buildings, situate on said real estate.
7. If the parties hereto, or any of them, or their heirs or assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violations.
8. It is understood that these same restrictions shall apply to all lots located in the above described subdivision.
9. Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
10. The parties of the second part further understand that there is in existence a non-profit homeowners association known as Beaverbrook Homeowners Association, In., and that the purposes of this association include providing water and sewer services for the houses in the Beaverbrook Acres Subdivision. The parties of the second part, therefore, further covenant and agree that they will abide by the rules and by-laws of the Beaverbrook Homeowners Association, Inc., and the parties of the second part will pay their proportionate share of the expenses of this Association. This covenant will run with the land as long as Beaverbrook Homeowners Association, Inc., is in existence.
TRACT NO. II: The surface of a certain tract or parcel of land situated in Shady Springs District, Raleigh County, West Virginia, said tract or parcel of land hereby conveyed being more particularly described as follows:
BEGINNING sat a stake on the right-of-way of Kimberly Street, a corner to a parcel of land conveyed to Jorge and Sandra Allende by Deed dated August 15, 1974; thence leaving the righ-of-way line of Kimberly Street and then following the line of the Allende property described in the August 15, 1974 deed S. 67deg. 11′ East 200 feet to a stake, also a corner of the Allende land; thence leaving the common corner N. 22deg. 49′ E. a distance of 15 feet to a stake; thence N. 67deg. 11′ W. 200 feet to a stake on the line of Kimberly Street; thence with the line of Kimberly Street a distance of 15 feet to the point of beginning, containing 3000 square feet, more or less.
And being the same property conveyed to Wayne T. Ramsey, II by Deed dated the 22nd day of January, 2014 from Jeffrey Harvey which said Deed is to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia prior to or simultaneously herewith.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 126 N Kimberly St, Shady Spring, WV 25918.
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. 74809
cc: The Register Herald
May 20, 2020, May 27, 2020
ID: 390465