Mercer

NOTICE

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 May 31, 2006, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 1080, at Page 790, Thomas E. Harman and Jennifer Ann Harman did convey unto George A. Metz, Jr., 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 21, 2014 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 U.S. Bank National Association as successor by merger of U.S. Bank National Association ND to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on June 11, 2015 at 1:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in East River District, Mercer County, West Virginia, and more particularly described as follows: All of that certain tract or parcel of land, together with improvements thereon, situate and being on the waters of Black Lick in Mercer County, West Virginia, and further bounded and described as follows: “BEGINNING at a fence post, a corner to Wesley Walters and John Gott tract of land; thence with the Walters line N. 60? W. 360.8 feet to a stake; thence N. 22? 30′ W. 536.8 feet to a point in the center of the county road leading to the Princeton-Beckley Highway; thence N. 57? 40′ E. along the center of said road 179.2 feet to a point; thence N. 22? 30′ W. 245 feet to a stake; thence S. 70? 15′ W. 179.2 feet to a stake; thence N. 22? 20′ W. 1279 feet to a 12 inch hickory; thence N. 54? 15′ E. 387.5 feet to a fence post in the line of the Brown land; thence with same N. 25? W. to a black oak and hickory, a corner to the Mooney farm; thence S. 57? W. about 45 poles to a fence in the Clemsen line; thence with Clemsen and John Gott line by scale 3290 feet to the beginning, and containing, 24.2 acres, be the same, more or less.” Along with all water and road rights that was conveyed to John F. Owen, a former owner of this land, by Ella May Owen, by deed dated June 1, 1939, and recorded in the County Court Clerk’s Office of Mercer County, West Virginia, in Deed Book No. 240, at page 471, to which deed reference is hereby made with reference to said water rights and road rights. “There is expressly excepted and reserved from this conveyance the following out-conveyances heretofore made: a. Deed dated May 26, 1988, executed by Emma Bowling, widow, unto Roscoe W. Bowling and Debra K. Bowling, containing 0.08 acre, as shown on Microfilm Plat 9829 and filed for record in Deed Book 678, at Page 50. b. Deed dated May 21, 1987, executed by Emma Bowling, widow, unto Roscoe W. Bowling and Debra K. Bowling, containing 0.09 acre, as shown on Microfilm Plat No. 9564 and filed for record in Deed Book 667, at Page 167. c. Deed dated October 8, 1976, executed by P. B. Bowling and wife unto Roscoe W. Bowling and Debra K. Bowling, containing 0.78 acre tract of record in Deed Book 542, at Page 223 and is also shown on Microfilm Plat No. 6190, the roadway mentioned in said deed being relocated by instrument dated March 30, 1978, of record in Deed Book 561, at Page 1. d. Deed dated July 29, 1967, executed by said P. B. Bowling and wife unto George P. Harman and Betty Lou Harman, husband and wife, being all of the property lying on the south side of the Black Oak Mountain Road described in the above description, of record in Deed Book 435, at Page 621. e. Deed P. B. Bowling and wife unto Trustees of the Black Lick Community Church, dated May 6, 1946, of record in Deed Book 280, at Page 444. f. Easement unto Appalachian Power Company dated September 6, 1946, of record in Deed Book 292, at Page 473. g. A. 1.39 acre tract of real estate conveyed by deed dated May 26, 1998, from Roscoe W. Bowling, et als., unto Robert W. Bowling and Karen A. Bowling, husband and wife, recorded in the aforesaid Clerk’s Office in Deed Book 795 at Page 579 and which said 1.39 acre tract is depicted on a map attached to and recorded with said deed. Along with non-exclusive rights to a 15 feet wide roadway, as set forth in Deed Book 542 at Page 223, and relocated as roadway of record in Deed Book 561 at Page 1. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 233 Black Oak Rd., Princeton, WV 24740. 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: $9,000.00 in cash and/or certified funds as deposit 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. 6108 Mid Atlantic Drive Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 3658