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 October 3, 2017, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Document No. 201700014047, in Book No. 989, at Page 502, James J Deakins and Kristen Marie Deakins did convey unto Douglas McElwee, 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 Gateway Mortgage, a division of Gateway First Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on
March 4, 2024 at 2:30 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 07 – Montgomery District, Fayette County, West Virginia, and more particularly described as follows:
All those certain lots or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate lying and being in the City of Montgomery, Fayette County, West Virginia, and being more particularly described as follows:
TRACT I: Beginning at a point corner to Lot No. 19 on First Avenue, thence N. 83° 34’ E. 40 feet to a point on Madison Street, thence with said street 0° 26’ E. 94 feet to a point on the old Giles, Fayette and Kanawha Turnpike; thence with said turnpike S. 74° 40’ W. 40 feet to a point, corner to Lot 19; thence with the boundary of said Lot 19 0° 26’ W. 101 feet to the beginning and being all of Lot 20 in Block 3 as shown on the I. J. Settle Map of Coal Valley now Montgomery, West Virginia, revised by H. A. Gentry, and recorded in the Fayette County Clerk’s office. There is excepted and reserved from this conveyance a parcel of land described as follows:
Beginning at the southwest corner of Lot No. 20 in Block 3 of the Subdivision of the Montgomery Heirs, thence with the line of said Lot No. 20 N. 74° 40’ E. 3 feet; thence N. 3° 46’ W. 67.3 feet to a point on the original division line between Lots No. 19 and 20; thence with the original division line S. 1° 10’ E. 67.8 feet to the beginning, containing 102.7 square feet, more or less, and being a part of Lot No. 20 in Block 3 as aforesaid.
There is excepted and reserved from this conveyance all coal, oil, gas and other minerals underlying the same as reserved in the deed herein referred to and the exception and reservation contained in the deed herein referred to are made a part of this deed as though set forth herein.
TRACT II: Beginning at the northwest corner of Lot No. 20, Block 3 of the Subdivision of the Montgomery Heirs, thence with the front line of said Lot No. 19 S. 83° 43’ W. 1 foot 6/12 inches; thence S. 3° 46’ E. 33.2 feet to a point on the original line between Lots No. 19 and 20 and with said line N. 1° 10’ W. 33.3 feet to the beginning, containing 30.2 square feet, more or less, and being a part of Lot No. 19, Block 3, as aforesaid.
AND BEING the same property conveyed to Earl Waytowich and Velvett Waytowich, his wife, as joint tenants with rights of survivorship, from Roger L. Sherman and Charlotte Sherman, his wife, and Jonathan Sherman, by deed dated July 29, 2003, and recorded August 20, 2003 in the office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 597, at page 350. Also being the same property to be conveyed to James J. Deakins and Kristen Marie Deakins, husband and wife, from Earl Waytowich and Velvett Waytowich, by deed intended to be recorded simultaneously herewith. References to the map and deeds are made for a more particular description of the property conveyed herein.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 5 Madison St, Montgomery, WV 25136.
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: $7000.00 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. 78837