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 April 30, 2002, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 200200007865, in Book No. 734, at Page 903, Kathy Boyce and Ricky Boyce did convey unto Mark E. Kauffert, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by U.S. Bank Trust National Association, not in its individual capacity but solely as trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
April 30, 2025 at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 05 – Fairmont City Union District, Marion County, West Virginia, and more particularly described as follows:
Situated in Marion County, West Virginia and being more particularly described as follows:
Beginning at a stake in the east side of Barnes Street 40 feet from its intersection with Dayton Street and running thence in an easterly direction 100 feet to an alley; thence with the line of said alley; thence with the line of said alley in a southerly direction 40 feet to a stake; thence with a line parallel to said first line, 100 feet to a stake in the line of said Barnes Street; and thence with the line of said Barnes Street 40 feet to the beginning.
The above legal description being the same as the last deed of record, no boundary survey having been made at the time of this conveyance.
Being the same property conveyed to Carole C. Heim Whaley, an undivided one-half interest, with right of survivorship by deed from William D. Whaley D. Whaley, dated January 29, 1997 and recorded January 30,1997, in Book 937, Page 788, in the Office of the Clerk of the County Commission of Marion County, West Virginia.
-AND-
Being the Same property conveyed to William D. Whaley, by Deed from Nancy Jane Whaley, dated January 23, 1997 and recorded January 30, 1997, in Book 937, Page 786, in the Office of the Clerk of the County Commission of Marion County, West Virginia.
BEING the same property conveyed to Kathy Boyce by deed dated April 30, 2001 from William D. Whaley and Carole C Heim Whaley and of record in ___________________, in the Office of the Clerk of the County Commission of Marion County, West Virginia.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 427 Barnes St, Fairmont, WV 26554.
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: $3500.00 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. 81220
ID: 861814