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 19, 2005, and duly recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book No. 1053, at Page 23, Warren J. Burch and Yvette M. Burch did convey unto William S. Winfrey, II, Atty, 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 March 8, 2016 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 Manufacturers and Traders Trust Company also known as M&T Bank, successor by merger to Hudson City Savings Bank, FSB to foreclose thereunder, will offer for sale at public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on September 21, 2016 at 1:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Bluefield District, Mercer County, West Virginia, and more particularly described as follows: “all those certain lots or parcels of real estate, situate in the City of Bluefield, Mercer County, West Virginia, Lot 8 and Part of Lot 7, in Block C, as shown on a map designated ‘Re Sub-Division of Block C, Cumberland Heights, Incorporated, Bluefield, W. Va., owned by Mabel Clide Browder, Scale 1″ = 50 ft. Jan. 31, 1948. A. L. Johnson, Civil & Mining Eng.’, a copy of which map is of record in the Office of the Clerk of the County Court of Mercer County, West Virginia, with a deed from Mabel Clide Browder, et al., to Ralph W. Humphreys, et al., dated June 29, 1948, and recorded in Deed Book 298, at page 584 which said lots or parcels of real estate are separately more particularly bounded and described as follows, to-wit:” LOT NO. 8, BLOCK C: “BEGINNING at a point in the north line of (S.) Groveland Drive, which point is distant N. 54? 59′ 53″ E. 85.118 feet from the point of intersection of the said north line of (S.) Groveland Drive and the east line of Media Street, and which point of beginning is also at the southeast corner of Lot 9 in said Block C; thence from said beginning point and along and with the eastern line of said Lot 9, N. 38? 01′ 11″ W. 111.28 feet to a point, which point is a common corner of Lots Nos. 1, 2, 8 and 9, in said Block C; thence along and with the southern line of said lot 2, N. 51? 32′ 02″ E. 85.003 feet to a point, which point is a common corner of Lots Nos. 2, 3, 7 and 8, in said Block C; thence along and with the western line of said Lot 7, S. 38? 01′ 11″ E. 116.426 feet to a point in the north line of (S.) Groveland Drive, which point is also the southwest corner of said Lot 7; thence along and with the north line of (S.) Groveland Drive, S. 54? 59′ 53″ W. 118 feet to the point of BEGINNING.” PART LOT NO. 7. BLOCK C: “BEGINNING at a point in the north line of (S.) Groveland Drive, which point is distant N. 54? 59′ 53″ E. 170.236 feet from the point of intersection of the said north line of (S.) Groveland Drive and the east line of Media Street, and which point of beginning is also at the southeast corner of Lot 8 in said Block C; thence from said beginning point and along and with the eastern line of said Lot 8, N. 38? 01′ 11″ W. 116.426 feet to a point, which point is a common corner of Lots Nos. 2, 3, 7 and 8, in said Block C; thence along and with the southern line of said Lot 3, N. 51? 32′ 02″ E. 42.5 feet to a point in said line; thence by a line running through said Lot 7, S. 38? 01′ 11″ E. to a point in the north line of (S.) Groveland Drive, thence along and with the north line of (S.) Grove land Drive to the point of BEGINNING.” And being the same property conveyed to Warren J. Burch and Yvette M. Burch, husband and wife, by Melinda B. Maher, by Deed dated August 18, 2005, to be recorded in the Office of the Clerk of the County Commission of Mercer County, West Virginia, simultaneously with this instrument. “This deed is made subject to all and singular, the exceptions, reservations, covenants, conditions and limitations contained in all prior deeds conveying the above-described real estate, the same as though set forth herein in extenso.” At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1105 S Groveland, Bluefield, WV 24701. 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. 5000 Coombs Farm Drive, Suite 104 Morgantown, WV 26508 (304) 413-0044 (304) 292-2918 Toll free: (888) 534-3132 Reference File No. 38491