010080874 December 23, 30
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 July 25, 1997, and duly recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Book No. 305, at Page 445, Eddie Burnworth and Kimberly Jane Burnworth and Martha J. Nicholson did convey unto Magro & Magro, Trustees, 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 November 11, 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 21st Mortgage Corporation to foreclose thereunder, will offer for sale at public auction at the front door of the Preston County Courthouse in Kingwood, West Virginia, on
January 8, 2016 at 11:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Grant District, Preston County, West Virginia, and more particularly described as follows:
ALL of that certain real estate standing in the name of Kimberly Jane Burnworth, containing 1.2545 acres, more or less, situate in Grant Taxation District, Preston County, West Virginia, and being more particularly bounded and described as follows, to-wit: Beginning at a 1/2 inch reinforcing rod (set) standing as the Northwest corner to Parcel No. 1a of this survey and standing S. 87 deg. 55′ 50" W. 160.06 feet from a 1/2 inch iron pipe (found) standing as a corner to Parcel No. 1 of this survey and standing as the Northwest corner to a parcel conveyed to Sheldon R. and Mary L. Savage by deed recorded in Deed Book 544, at Page 573; thence with two (2) lines with said Parcel No. 1a, S. 00 deg. 33′ 00" E. 317.01 feet to a 1/2 inch reinforcing rod (set); thence S. 00 deg. 33′ 00" E. 20.00 feet to a point, said point stands within the right-of-way limits of West Virginia Secondary Route 3/1; thence along said Route 3/1, S. 86 deg. 12′ 20" W. 160.26 feet to a point, said point stands as a corner to Parcel No. 1 of this survey; thence with three (3) lines with said Parcel No. 1, N. 00 deg. 33′ 00" W. 20.00 feet to a 1/2 inch reinforcing rod (set); thence N. 00 deg. 33′ 00" W. 321.83 feet to a 1/2 inch reinforcing rod (set); thence N. 87 deg. 55′ 50" E. 160.06 feet to the beginning, containing 1.2545 acres, more or less, and designated as Parcel 1b upon a plat of survey prepared by Greenleaf Surveying Co., Allan J. Witschi, L.L.S. #587, for Lofton B. Johnson, dated May 25, 1992, recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Map Cabinet No. 1, at sheet 170A. AND BEING the same real estate conveyed to Kimberly Jane Burnworth, by deed from Curtis P. Nicholson and Martha J. Nicholson, by deed dated June 9, 1992, which deed is of record in the aforementioned County Clerk’s Office, in Deed Book No. 589, at Page 1045. This conveyance is subject to the exception and reservation of all of the coal and mining rights conveyed by a predecessor in title to W. H. Zufall dated January 29, 1907, and of record in said County Clerk’s Office in Deed Book No. 116, at page 17. This deed conveyed all of the coal underlying a 170 acre tract of real estate of which the subject real estate was formerly a part to W. H. Zufall, together with the right to mine all of the coal, coterminous haulage rights, and a waiver of damage to the surface. There was excepted and reserved from this conveyance the right to drill for oil and gas and water as well as the 2-3 foot thick vein of coal then open on the farm. By agreement dated April 30, 1954, and of record in said County Clerk’s Office in Deed Book No. 312, at Page 197, predecessors in title, Clyde M. Wotring and Ocie Wotring, husband and wife, leased the top seam of coal so reserved, together with the strip mining rights pertaining thereto for a parcel of 1.68 acres, more or less, to Kingwood Mining Company. The term of this lease was for a term of twelve (12) months from the time that the release of an existing deed of trust on the property was obtained. This conveyance is subject to all exceptions and reservations contained in all prior deeds of conveyance pertaining to the above described real estate. In the aforesaid deed to Kimberly Jane Burnworth, the said Curtis P. Nicholson and Martha J. Nicholson reserved unto themselves the right of first refusal in the event that the said Kimberly Jane Burnworth desired to sell any or part of the property conveyed to her. The said Curtis P. Nicholson is now deceased and Martha J. Nicholson joins in this deed of trust to subordinate, waive, and/or relinquish the right of first refusal as contained and set forth in the aforesaid deed, and which is being done on behalf of Solomon Homes, Inc., in this deed of trust so as to give Solomon Homes, Inc., a first lien on the hereinabove described and set forth real estate and for which lien the same shall not be subject to the right of first refusal as previously reserved by Curtis P. Nicholson and Martha J. Nicholson.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Route 1 Box 11H, Bruceton Mills, WV 26525 aka 87 Seese Road Bruceton Mills, WV 26525.
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: $6,000.00 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
Toll free: (888) 534-3132
Reference File No. 37014