010055947 January 30, February 6


The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated December 8, 2009, and duly recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Document No. 121957, in Book No. 477, at Page 765 and modified in Document No. 188859, in Book No. 525, at Page 206, Steven C. Hartley did convey unto Richard A Pill, 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 25, 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 Branch Banking and Trust Company to foreclose thereunder, will offer for sale at public auction at the front door of the Preston County Courthouse in Kingwood, West Virginia, on

March 20, 2015 at 11:00 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 that certain lot or parcel of real estate, together with any improvements thereon, or appurtenances thereto belonging, located in Grant District, Preston County, West Virginia, and more particularly described as follows, to-wit:

BEGINNING at a ½ inch iron bar (found), in the easterly line of said Smoot, said point being a common corner of said Smoot and land now or formerly owned by Robert Ridenour (Deed Book No. 535, Page 392) and being in a line of land now or formerly owned by Charles Mitchell, Jr., (Deed Book No. 407, Page 598), said iron bar also bears S 26° 47′ 25" E 87.87 feet from a 1/4 inch iron bar (found), said iron bar being a common corner of said Mitchell and said Ridenour; thence with a common line of said Mitchell S 26° 40′ 16" E 304.57 feet to a 5/8 inch iron bar with cap (set); thence with three (3) lines through said Smoot S 89° 00′ 00" W 503.26 feet to a 5/8 inch iron bar with cap (set); thence N 03° 50′ 00" E 335.25 feet to a 5/8 inch iron bar with cap (set); thence 89° 00′ 00" E 116.23 feet to a 5/8 inch iron bar with cap (set), said iron bar being another common corner of said Smoot and said Ridenour; thence with a common line of said Ridenour S 76° 17′ 24" E 234.53 feet to the point of beginning, containing 130,680 square feet, or 3.00 acres, more or less.

And being the same tract or parcel of real estate conveyed to Steven C. Hartley by Francis M. Ciliberto and Cynthia A. Ciliberto by Deed dated November 30, 2009, to be recorded prior to or simultaneously herewith in the office of the Clerk of the County Commission of Preston County, West Virginia.

There is further conveyed a non-exclusive appurtenant right of way for ingress, egress and regress over that certain 30 foot wide roadway from Route 26 to the property hereby conveyed. This conveyance is further made subject to said right of way as more particularly set forth on the plat of the subject tract in Deed Book 645, at page 99. Provided, further, in the event that in the future Gary Smoot or any of his representatives, assigns, or successors in interest develops any of the lands surrounding or adjacent to the real property herein conveyed, thereby increasing the use of or wear and tear to the 30 foot right of way herein conveyed, then the said Gary Smoot and any of his representatives, assigns or successors in interest hereby covenant and agree to maintain, at their sole expense, the said 30 foot right of way so as to assure the Grantees herein the continued use and enjoyment of said right of way in at least its current condition. The Grantees herein hereby covenant and agree to be responsible for maintenance and repairs to said right of way which become necessary by virtue of the Grantees’ use of the right of way.

The property hereby conveyed shall be used only for the construction of a single family residence. Mobile homes shall not be permitted on the property.

This conveyance is made subject to all exceptions, reservations and conditions as contained in all prior deeds and to those apparent upon an inspection of the property.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1 Apple Lane, 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: $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.

6108 Mid Atlantic Drive
Morgantown, WV 26508
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(304) 292-2918
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Reference File No. 11648