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 August 24, 2012, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Document No. 487767, in Book No. 1238, at Page 780, Tanya Lynn Hodges did convey unto Thomas S. Lilly and Phillip B. Ball, 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 June 03, 2015 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 Wells Fargo Bank, N.A. to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on July 23, 2015 at 1:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Beaver Pond District, Mercer County, West Virginia, and more particularly described as follows: “That certain tract or parcel of land, with improvements thereon and appurtenances thereunto belonging, described and known as Tract No. 20 of the Kirby Truck Farms, Beaver Pond District, Mercer County, West Virginia, as shown by a map of said Kirby Truck Farms recorded in the office of the Clerk of the County Court of Mercer County, West Virginia, with a deed from Will Kirby, et als, to E. B. Gibson, dated May 27, 1939, and recorded in said clerk’s office in Deed Book No. 240, page 443; (see Microfilm Plat #2410) said tract being bounded and described as follows: “BEGINNING at a point in the northwestern line of the old County Road at the southeast corner of Tract No. 21; thence along said line of said road, N. 55? 42′ E. 142.59 feet, N. 58? 41′ E. 110.55 feet, N. 41? 18′ E. 62.38 feet, N. 34? 11′ E. 86.05 feet; thence with the joint southern line of Center Street and County Road, N. 88?04′ W. 36.05 feet, N. 80? 13′ W. 35.7 feet, S. 73? 41′ W. 291.95 feet; thence with the east line of Tract No. 21, S. 16? 19′ E. 175.87 feet to the point of BEGINNING and containing one acre, more or less.” Being the same land conveyed to the parties of the first part by D. R. Wagner and wife, by deed dated February 3, 1944, and recorded in said clerk’s office in Deed Book 262 Page 391. “The streets and alleys shown on said map have been dedicated as public streets and alleys, reserving to the said Will Kirby and C. N. Kirby, or their assigns, the right to construct and maintain over said streets and alleys, water lines, light lines, and gas lines, to be used for domestic purposes.” “Conveyances of said property as shown on said map are subject to easements for power lines and telephone lines now along and over said property.” At the time of the execution of the Deed of Trust, this property was reported to have an address of: 293 Nemours Valley Road, Bluefield, WV 24701-7914. 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: $7,000.00 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. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 29233