Monongalia

NOTICE

010111575 April 14, 21
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 June 15, 2005, and duly recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Document No. 46364, in Book No. 405, at Page 205, Jeffrey F. Dotzel and Karen L. Dotzel 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 March 23, 2017, 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

May 4, 2017 at 10:00 AM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Kingwood Corp District, Preston County, West Virginia, and more particularly described as follows:

ALL of the following described tract or parcel of real estate situate m the City of Kingwood, Preston County, West Virginia, lying between West Virginia Route 7 and a portion of abandoned B&O Railroad, being more particularly bounded and described as follows:

BEGINNING at a 1/2 inch rebar (found) being a common corner to Eleanor S Sims Living Trust, Deed Book 598 at page 406, and Boyers Furniture and Appliances, Inc , Deed Book 476, at page 999, in the line of Fred C Peddicord, III, Deed Book 550 at page 804, said corner being N 01° 40′ 40" E 99.75 feet from a 1/2 inch rebar (found) on the northern side of West Virginia Route 7, thence leaving said Fred C. Peddicord, III and continuing with said Eleanor S. Sims Living Trust and Boyers Furniture & Appliances, Inc the following five calls, N 36° 56′ 00" W 184.92 feet to a 1/2 inch rebar (found), thence, N 47° 56′ 20" W 30.06 feet to a 1/2 inch rebar (found), said corner being N 40° 36′ 40" E 86.78 feet from a railroad spike (found) on the northern side of West Virginia Route 7, thence, N 48° 02′ 00" W 55.18 feet to a 1/2 inch rebar (found), thence, N 61° 30′ 20" W 195.19 feet to a 1/2 inch rebar (found), thence, S 14° 30′ 00" W 13.07 feet to a 1/2 inch rebar (found) corner to other lands of aforesaid Boyers Furniture & Appliances, Inc., Deed Book 617, at page 159, said corner being N 16° 34′ 00" E 68.31 feet from a railroad spike (found) on the northern side of West Virginia Route 7, thence continuing with aforesaid Eleanor S. Sims Living Trust and said other lands of Boyers Furniture & Appliances, Inc the following two calls, N 52° 15′ 00" W 54.23 feet to a point, thence, N 59° 47′ 40" W 76.09 feet to a 1/2 inch rebar (found) corner in the line of James W. Cobin, Deed Book 551, at page 438, said corner being N 00° 58′ 20" W 95. 01 feet from a railroad spike (found) on the northern side of West Virginia Route 7, thence leaving aforesaid Boyers Furniture & Appliances, Inc and continuing with aforesaid Eleanor S. Sims Living Trust and said James W. Cobin the following six calls, N 00° 58′ 20" W 73.25 feet to a 5/8 inch rebar (set), thence, S 89° 01’40" W 50.00 feet to a 5/8 inch rebar (set), thence, N 00° 58′ 20" W 236.74 feet to a 5/8 inch rebar (set), thence, S 89° 01′ 40" W 184.00 feet to a 5/8 inch rebar (set), thence crossing a private roadway near the southern end of the line, S 00° 58′ 20" E 236.74 feet to a 5/8 inch rebar (set) on the eastern edge of aforesaid private roadway, thence crossing said private roadway, S 89° 01’40" W 16.80 feet to a 5/8 inch rebar (set)near the western edge of a private roadway being a corner in the line of Victoria E. Guy, Deed Book 597, at page 950, thence leaving aforesaid James W. Cobin and continuing with aforesaid Eleanor S. Sims Living Trust and said Victoria E. Guy, N 00° 45′ 40" W 368.97 feet to a 12 inch rebar (found) corner to Richard B. Bolen, Deed Book 610, at page 66, thence leaving aforesaid Victoria E. Guy and continuing with aforesaid Eleanor S. Sims Living Trust and said Richard B. Bolen, closely following a wire fence, the western side thereof, N 00° 58′ 00" E 819.43 feet to a 5/8" rebar (set) in the southern line of Patriot Mining Company, Inc., Deed Book 521, at page 167, said corner being S 00° 58′ 00" W 323. 60 feet from a stone marked with a P (found) thence leaving aforesaid Richard B. Bolen and continuing with aforesaid Eleanor S. Sims Living Trust and said Patriot Mining Company, Inc., the following seven calls, N 64° 55′ 00" E 100.00 feet to a 5/8 inch rebar (set), thence, N 75° 05′ 00" E 103.50 feet to a 5/8 inch rebar (set), thence, N 86° 33’00" E 114.10 feet to a 5/8 inch rebar (set), thence, S 83° 07′ 00" E 97 42 feet to a 5/8 inch rebar (set), thence, S 74° 07′ 00" E 121.50 feet to a 5/8 inch rebar (set), thence, S 56°27’00" E 183.00 feet to a 5/8 inch rebar (set), thence, S 41° 30′ 00" E 113.50 feet to a 5/8 inch rebar (set) corner to Denzil D. Jones, Deed Book 551, at page 312, and an abandoned B&O Railroad, thence leaving aforesaid Patriot Mining Company, Inc., and said abandoned B&O Railroad and continuing with aforesaid Eleanor S. Sims Living Trust and said Denzil D. Jones, in part, Lalah M. Sapp, Deed Book 468,at page 49, in part, Paul C. Peaslee, Deed Book 444, at page 315, in part, and aforesaid Fred C. Peddicord, III, the remainder, closely following a wire fence line, S 01° 45′ 20" W 1459.50 feet to the point of beginning containing 21.84 acres, more or less, as shown on a plat prepared by Kenneth L Moran Professional Surveyor #878SU, dated March 2002 attached to and made a part of this description.

The Grantor herein further grants and conveys unto the Grantees, their successors, heirs and assigns, a right-of-way from West Virginia Route 7 to the real estate herein conveyed, being the same right-of-way excepted and reserved by West Virginia Department of Transportation m that certain deed dated August 9, 1989, and of record in said Clerk’s Office in Deed Book 551, at page 436.

This conveyance is made subject to all exceptions, reservations, and out conveyances that have heretofore been made by the Grantor or its predecessors in title.

The real estate herein conveyed being part of the same tract of real estate conveyed to Jeffrey Dotzel and Karen Dotzel by Eleanor S Sims, Trustee under the Eleanor S Sims Living Trust, and any amendments thereto, and Eleanor S Sims, in her own right, by Deed dated May 3, 2004, and of record in the office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book 650, at page 93.

LESS AND EXCEPT THE FOLLOWING REAL ESTATE RELEASED IN BOOK 110 AT PAGE 875 RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF PRESTON COUNTY:

ALL of the following described tract or parcel of real estate, situate in Kingwood Corporation, Preston County, West Virginia, lying 100 feet northeast of the intersection of West Virginia Numbered Highway 7 and Flythe Street, and being more particularly bounded and described as follows:

BEGINNING at a ¾ inch rebar, found, at a westerly corner of Fred C. Peddicord, III, and Pamela Petticord (DB 550, pg 804), and at the northeasterly corner of Bowyers Furniture and Appliance, Inc. (DB 476, pg 999), bearing N 09° 07′ 00" E 100.00 feet from a ¾ inch rebar, found; thence with three lines of Bowyers Furniture and Appliance, Inc. N. 29° 31′ 10" W 185.00 feet to a 5/8 inch rebar, found; thence N 40° 54′ 10" W. 85.00 feet, passing through a 5/8 inch rebar, found, at 30.00 feet, to a 5/8 inch rebar found; Thence N 54° 03′ 10" W 195.00 feet to a ½-inch rebar found; thence with part of another line of said Bowyers Furniture and Appliance, Inc. S 23° 45′ 50" W 13.00 feet to a ½-inch rebar, found, at the north easterly corner of Bowyers Furniture and Appliance, Inc. (DB 617, Pg 159), bearing N 23° 45′ 50" E 68.00 feet from a bolt, found; thence with two lines of Bowyers Furniture and Appliance, Inc. N 45° 48′ 10" W 54.05 feet to a point; thence N 51° 31′ 00" W 76.00 feet to a 1/2 -inch rebar found, at a easterly corner of Cobun Family Trust (DB 645. Pg 275), bearing N 07° 51′ 10" E 90.00 feet from a ½-inch rebar, found; thence with a line of Cobun Family Trust N 06° 26′ 40" E 73.30 feet to a 5/8-inch rebar, found; thence with two new division lines through Jeffrey Dotzel and Karen Dotzel (DB 650, Pg 93) N 88° 29′ 20" E 88.78 feet to a 5/8-inch rebar set; thence S 73° 38′ 10" E 387.83 feet to a 5/8-inch rebar, set, in the westerly line of Paul C. Peaslee and Mary Peaslee (DB 444, Pg. 315), bearing S 09° 08′ 30" W 1075.83 feet from a 5/8-inch rebar, found; thence with part of a line of Peaslee, and then with a line of Fred C. Peddicord, III and Pamela Peddicord (DB 550, Pg. 804) S 09° 08′ 30" W 383.56 feet to the point of beginning, containing 2.195 acres, more or less.

And being the same real estate conveyed to Bowyers Furniture and Appliances, Inc., by Jeffrey F. Dotzel and Karen L. Dotzel, husband and wife, by Deed dated June 26, 2006.

This conveyance is, nevertheless, made subject to any imposition of restrictions on the property described herein by deeds, leases, assignments, rights of way, easements, agreements, exceptions, reservations, and all legal documents which are of record in said Clerk’s office.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 310 Morgantown Road, Kingwood, WV aka 314 Morgantown Street, Kingwood, WV.

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: $9000.00 in cash and/or certified funds as deposit at the time of sale 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. 52207