010118150 August 9, 16
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 February 5, 2007, and duly recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Document No. 237399, in Book No. 1531, at Page 059, Shirley A. Lewis and Robert R. Lewis did convey unto Janet Phillips, 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 July 24, 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 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, to foreclose thereunder, will offer for sale at public auction at the front door of the Monongalia County Courthouse in Morgantown, West Virginia, on
August 29, 2017 at 9:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Morgan District, Monongalia County, West Virginia, and more particularly described as follows:
ALL THAT CERTAIN PARCEL OF LAND IN MORGAN TAX DISTRICT, MONOGALIA COUNTY, WEST VIRGINIA, LYING ON THE WATERS OF AARON CREEK AND NEAR THE SARVER SCHOOL HOUSE ON WEST VIRGINIA SECONDARY ROUTE 72/2, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT STANDING IN THE CENTERLINE OF WEST VIRGINIA SECONDARY ROUTE 72/1 AND IN THE LINE OF A TRACT OWNED BY THE OXFORD
CORPORATION BY DEED RECORDED IN THE AFORESAID COUNTY CLERKS OFFICE IN DEED BOOK NO. 702, AT PAGE 365; THENCE WITH TWO (2) LINES WITH SAID OXFORD CORPORATION TRACT, S. 74 DEG. 42 MIN. 05 SEC. EAST 686.00 FEET [SAID LINE PASSES THROUGH A 1/2 INCH REIN-FORCING ROD (SET) AT A DISTANCE OF 15.00 FEET] TO A 1/2 INCH IRON BAR (FOUND) AT A FENCE CORNER; THENCE S. 69 DEG. 59 MIN. 29 SEC. E. 209.70 FEET TO A STAKE (FOUND) AT A FENCE CORNER, SAID STAKE STANDS AS A CORNER TO A TRACT OWNED BY D AND D LUMBER COMPANY BY DEED IN THE AFORESAID COUNTY CLERKS OFFICE IN DEED BOOK NO. 728, AT PAGE 409; THENCE LEAVING THE OUTBOUNDARY LINES OF THE 600.5 ACRE TRACT (PARCEL SURVEYED
PART OF 600.5-ACRE TRACT) AND WITH THE SAID D AND D LUMBER COMPANY TRACT, S. 35 DEG. 22 MIN. 50 SEC. E. 557.35 FEET TO A 1/2 INCH IRON PIN (FOUND); THENCE CONTINUING WITH SAID D AND D LUMBER COMPANY TRACT, S. 18 DEG. 13 MIN. 04 SEC. W. 16.00 FEET TO A POINT, SAID POINT STANDS IN THE CENTERLINE OF SAID ROUTE 72/1; THENCE WITH TEN (10) LINES WITH SAID CENTERLINE OF ROUTE 72/1, S. 83 DEG. 51 MIN. 40 SEC. W. TO A POINT; THENCE N. 80 DEG. 29 MIN. 00 SEC. W. 285.63 FEET TO A POINT; THENCE N. 89 DEG. 04 MIN. 30 SEC. W. 379.45 FEET TO A POINT; THENCE N. 79 DEG. 34 MIN. 50 SEC. W. 181.78 FEET TO A POINT; THENCE N. 64 DEG. 29 MIN. 50 SEC. W. 183.66 FEET TO A POINT; THENCE N. 51 DEG. 09 MIN. 30 SEC. W. 53.84 FEET TO A POINT; THENCE N. 35 DEG. 45 MIN. 30 SEC. W. 90.57 FEET TO
A POINT; THENCE N. 10 DEG. 25 MIN. 35 SEC. W. 216.93 FEET TO A POINT; THENCE N. 01 DEG. 56 MIN. 50 SEC. E. 127.09 FEET TO A POINT; THENCE N. 15 DEG. 18 MIN. 20 SEC. E. 114.97 FEET TO THE BEGINNING, CONTAINING 12.078 ACRES, MORE OR LESS, BEING MORE PARTICULARLY SHOWN UPON A PLAT OF SURVEY PREPARED BY GREENLEAF SURVEYING COMPANY DATED JULY 25, 1979, AND ATTACHED HERETO FOR ALL PERTINENT PURPOSES. LESS AND EXCEPTING THEREFROM ALL THAT CERTAIN PROPERTY BEING CONVEYED BY FEE SIMPLE DEED FROM ROBERT R. LEWIS AND SHIRLEY A. LEWIS, DATED MARCH 19, 1986 AND RECORDED MARCH 19, 1986, IN DEED BOOK 938, PAGE 318, IN MONONGALIA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO•WIT: BEGINNING AT AN IRON ROD SET ON THE NORTH SIDE OF WEST VIRGINIA SECONDARY ROUTE 72/_, BEING THE ORIGINAL S.E. CORNER OF A PARCEL OF LAND OWNED BY ROBERT R. LEWIS, ALSO BEING A CORNER OF D. & D. LUMBER COMPANY, THENCE WITH THREE LINES OF SAID ROAD RIGHT OF WAY, N. 88. DEG. 51′ 40" W. 71.44 FEET TO A POINT; THENCE N. 80 DEG. 29′ W. 285.53 FEET TO A POINT; THENCE N. 89 DEG. 04′ 30" W. 50 FEET TO AN IRON ROD; THENCE LEAVING SAID ROAD RIGHT OF WAY AND RUNNING WITH A NEW DIVISION LINE OF ROBERT R. LEWIS, N. 13 DEG. 41′ W. 493.58 FEET TO
AN IRON ROD, ALSO BEING A CORNER OF ROBERT R. LEWIS AND OXFORD CORPORATION; THENCE WITH THE COMMON BOUNDARY LINE OF OXFORD CORPORATIONS. 69 DEG. 59′ 29" E. 209.70 FEET TO AN IRON ROD, ALSO BEING A CORNER OF OXFORD CORPORATION AND D. & D. LUMBER COMPANY; THENCE WITH THE COMMON BOUNDARY LINE OF D. & D. LUMBER COMPANY S. 35 DEG. 22′ 50" E. 557.35 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 2.938 ACRES, MORE OR LESS, AS IS SHOWN ON A PLAT DATED MAY 25, 1985, PAUL GUSEMAN, LAND SURVEYOR, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. LESS AND EXCEPTING THEREFROM ALL THAT CERTAIN PROPERTY BEING CONVEYED BY FEE SIMPLE DEED
FROM ROBERT R. LEWIS AND SHIRLEY A. LEWIS TO T & T PUMP CO., INC. DATED OCTOBER 21, 1986, RECORDED NOVEMBER 07, 1986, IN DEED BOOK 951, PAGE 186, IN MONONGALIA COUNTY, WES LESS AND EXCEPTING THEREFROM ALL THAT CERTAIN PROPERTY BEING CONVEYED BY FEE SIMPLE DEED FROM ROBERT R. LEWIS AND SHIRLEY A. LEWIS, TO JAMES A. JOHNSON AND KATHRYN E. JOHNSON, DATED FEBRUARY 23, 1993, RECORDED MARCH 5, 1993, IN DEED BOOK
1062, PAGE 26, IN MONONGALIA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: BEGINNING AT A 1/2 IRON PIN F.D., CORNER TO T& T PUMP COMPANY, INC.; THENCE WITH THREE ARBITRARY LINE THROUGH ROBERT R. ANO SHIRLEY A.
LEWIS N. 59 DEG. 23′ 47" W. 135.93 FEET TO A 1/2" IRON PIN SET; THENCE N. 64 DEG. 44′ 30" W. 116.15 FEET TO A 1/2 IRON PIN SET; THENCE N. 16 DEG. 02′ 13" E. 223.75 FEET T OA 1/2" IRON PIN FOUND ON THE LINE OF OXFORD CORP.; THENCE WITH LINE OF OXFORD CORP. S. 74 DEG. 42′ 05" E. 124.60 FEET TO A 1/2 IRON PIN FD., CORNER TO T & T PUMP COMPANY, INC.; THENCE WITH T & T PUMP COMPANY, INC., S. 7 DEG. 32′ 41" E. 303.50 FEET TO THE PLACE OF BEGINNING CONTAINING 1.016 ACRES. LESS AND EXCEPTING THEREFROM ALL
THAT CERTAIN PROPERTY BEING CONVEYED BY FEE SIMPLE PEED FROM ROBERT R. LEWIS AND SHIRLEY A. LEWIS, TO DWAIN R. LEWIS AND DEBORAH A. LEWIS, DATED MAY 21, 1996, RECORDED MAY 21, 1996, IN DEED BOOK 1128, PAGE 211, IN MONONGALIA COUNTY, WEST
VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT STANDING IN THE CENTERLINE OF WEST VIRGINIA SECONDARY ROUTE ROUTE 72/1, STANDING IN THE LINE OF A TRACT CONVEYED TO OXFORD CORPORATION BY DEED RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MONONGALIA COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 702, AT PAGE 365, AND STANDING AS A CORNER TO A PARCEL TO AUBRA B. AND MARGARET R. COLE BY DEED RECOROED IN THE AFORESAID COUNTY CLERK’S OFFICE IN DEED BOOK NO. 934, PAGE 609; THENCE WITH SAID OXFORD CORPORATION TRACT, SOUTH 74 DEG. 42′ 05" EAST 409.00 FEET TO A 1/2 REINFORCING ROD (SET); THENCE WITH THREE (3) NEW DIVISION LINES, S. 21 DEG. 40′ 20" WEST 248.17 FEET TO A 1/2 REINFORCING ROD (SET); THENCE S. 28 DEG.15′ 10” WEST 93.95 FEET TO A 1/2" REINFORCING ROD (SET); THENCE S. 17 DEG. 55′ 30" WEST 194.00 FEET TO A POINT, SAID POINT STANDS IN THE LINE OF A SECOND PARCEL CONVEYED TO SAID COLE BY DEED RECORDED IN THE AFORESAID COUNTY CLERK’S OFFICE IN DEED BOOK 839, PAGE 312,AND IN SAID ROUTE 72/1; THENCE WITH SIX (6)
LINES WITH THE CENTERLINE OF ROUTE 72/1 AND SAID COLE PARCEL, N. 64 DEG. 29′ 50" WEST 110.00 FEET TO A POINT; THENCE N. 51 DEG. 09′ 30" WEST 53.84 FEET TO A POINT; THENCE N. 35 DEG. 45′ 50" WEST 90.57 FEET TO A POINT; THENCE. N. 10 DEG. 24′ 35" WEST 216.93 FEET
TO A POINT; THENCE N. 01 DEG. 56′ 50" EAST 127.09 FEET TO A POINT; THENCE N. 15 DEG. 18′ 20" EAST 114.97 FEET TO THE BEGINNING, CONTAINING 3.7684 ACRES MORE OR LESS. 5TH OUTSALE, VOL 1292, PAGE 268 LESS AND EXCEPTING THEREFROM ALL THAT CERTAIN PROPERTY BEING CONVEYED BY FEE SIMPLE DEED FROM ROBERT R. LEWIS AND SHIRLEY A. LEWIS TO GREGORY M. LEWIS, DATED APRIL 15, 2005, RECORDED APRIL 22, 2005, IN VOLUME 1292, PAGE 268, IN MONONGALIA COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT 5/8" BAR SET, A CORNER TO JAMES JOHNSON (DB 1062 P. 26); THENCE JOHNSON, SOUTH 59 DEG. 23′ 45" EAST 135.93 FEET TO A 5/8 BAR SET ON A LINE TO T & T (DB938 P. 317); THENCE WITH T & T; SOUTH 41 DEG. 33′ 20" EAST 291.75 FEET TO A RAILROAD SPIKE SET IN COUNTY ROUTE 72/1 (NICHOLSON LOOP ROAD); THENCE IN SAID ROAD, SOUTH 86 DEG. 40′ 45" WEST 194.91 FEET TO A POINT IN ROAD; THENCE IN ROAD, NORTH 84 DEG. 48′ 20" WEST 68.24 FEET TO A RAILROAD SPIKE SET IN SAID ROAD; THENCE LEAVING SAID ROAD, NORTH 09 DEG. 29′ 25"’ WEST 289.28 FEET TO THE PLACE OF BEGINNING, CONTAINING 1.015 ACRES. AS PER SURVEY BY RANDALL MYERS, PLS. 751, A PLAT WHICH IS ATTACHED HERETO. MAP 20, PARCEL 112.1
BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE CORRECTION DEED FROM CLAY COLE and RUTH IRENE COLE HUSBAND AND WIFE TO ROBERT R. LEWIS and SHIRLEY A. LEWIS, DATED
12/27/1979 RECORDED ON 12/27/1979 IN BOOK 833, PAGE 249 ORIGINALLY RECORDED 09/14/1976, IN DEED BOOK 781, PAGE 43, TO CORRECT LEGAL DESCRIPTION, IN MONONGALIA COUNTY RECORDS, STATE OF WV.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 777 Nicholson Loop, Morgantown, WV 26508.
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. 55030