010116293 July 7, 14
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 September 20, 2006, and duly recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Document No. 60981, in Book No. 0428, at Page 0547, and modified in Book No. 538, at Page 979, Robert I. Cartwright and Erica D. Cartwright did convey unto Ramon Rozas, III, 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 January 12, 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 JPMorgan Chase Bank, National Association, to foreclose thereunder, will offer for sale at public auction at the front door of the Preston County Courthouse in Kingwood, West Virginia, on
July 26, 2017 at 10:00 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Valley District, Preston County, West Virginia, and more particularly described as follows:
ALL of the following described tract or parcel of real estate situate in Valley District, Preston County, West Virginia, and being more particularly bounded and described as follows:
BEGINNING at an iron pin set in the eastern right of way limits of State Route 7/6, said pin being more particularly located South 80 degrees 04 minutes 32 seconds East 826.81 feet from a 42-inch hickory, and original corner (being a corner in the land now or formerly owned by Clarassa and Elis Conley); thence with three lines of the Grantor; North 80 degrees 11 minutes East 710.20 feet to an iron pin set; South 0 degrees 42 minutes 42 seconds East 252.73 feet to an iron pin set; South 80 degrees 11 minutes West 870.20 feet to an iron pin set in the eastern right of way limits of said State Route 7/6, being also South 24 degrees 22 minutes 02 seconds East 103.57 feet from an iron pin on west side of said road, a corner to a tract of land now or formerly owned by L. Cartwright; thence with eastern right of way limits of said state route, North 09 degrees 49 minutes West 249.55 feet to the BEGINNING containing 3.95 acres, more or less and being the same real estate that was conveyed to the Grantor herein by roger L. Cartwright an Patricia Cartwright, husband and wife, by Deed Dated the 21st day of March, 2003, and of record I the office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book No. 645, at page 887.
THERE IS EXCEPTED and reserved from the above described real estate that certain parcel of land containing 0.9959 acre, conveyed by the Grantors herein to Gerald W. Spolt and Gloria J. Sypolt, husband and wife, by Deed dated the 26th day of June, 1991, and of record in said Clerk’s office in Deed book No. 560, at page 932.
THERE IS FURTHER conveyed to the Grantees a right of way or easement along an existing driveway with a width of twenty (20) feet, said driveway following the southern boundary of the parcel of land herein conveyed, and extending in an easterly direction from the right of way line of County Route 6/7 to property owned by the Grantors, said right of way or easement reserved to the Grantors here in the above referenced Deed of record in said Clerk’s office in Deed Book No. 435, at page 689.
THERE IS EXCEPTED and reserved from this conveyance all of the coal, oil, gas, and other minerals underlying the tract or parcel of land hereinabove conveyed, which have heretofore been conveyed away by the Grantors or their predecessors in title.
THIS CONVEYANCE IS subject, however, to all reservations, exceptions, rights of way, easements, out conveyances, encumbrances, and the like made by the Grantors or their predecessors in title, which appear of record in said Clerk’ s office, or which would appear from an actual survey and inspection of the premises.
BEING the same property which was conveyed unto Robert I. Cartwright and Erica D. Cartwright, husband and wife, by Deed from Larry J. Cartwright and Betty M. Cartwright, husband and wife, dated May 9, 2006, and recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book 668, page 514.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: RT 1 Box 15, Reedsville, WV 26547 AKA 424 Indian Rock Rd., Reedsville, WV 26547.
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: $5000.00 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. 8169