010059227 March 18, 25
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 May 13, 2011, and duly recorded in the Office of the Clerk of the County Commission of Preston County, West Virginia, in Document No. 146364, in Book No. 495, at Page 627, Robin A. Marsh did convey unto Richard A. Pill, Esq., 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 4, 2015 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 Wells Fargo Bank, N.A. to foreclose thereunder, will offer for sale at public auction at the front door of the Preston County Courthouse in Kingwood, West Virginia, on
April 3, 2015 at 11:00 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Pleasant District, Preston County, West Virginia, and more particularly described as follows:
ALL THAT CERTAIN LOT OR PARCEL OF REAL ESTATE LYING AND BEING SITUATE IN PLEASANT DISTRICT, PRESTON COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT A ½ INCH IRON PIN SET IN LINE OF GERALDINE MCELROY, SAID PIN IS LOCATED N. 66° (erroneously referred to as "68" in previous security instrument) 58′ 10" E. 299.25 FEET FROM THE CORNER TO GERALDINE MCELROY (D.B. 436, PAGE 484) AND MARY RINGER AND BETTY SMITH (D.B. 597 PAGE 494); THENCE WITH ONE LINE OF MCELROY N. 66° 58′ (erroneously referred to as "59" in previous security instrument) 10" E. 325.54 FEET TO A FENCE POST IN LINE OF MCELROY; THENCE LEAVING LINE OF MCELROY AND RUNNING FOUR NEW LINES THROUGH MARY RINGER AND BETTY SMITH (D.B. 597 PAGE 494), S. 61° 03′ 19" E. 588.20 FEET TO A ½" IRON PIN SET; THENCE S. 30 12′ 02" E. 273.38 FEET TO A ½" IRON PIN SET; THENCE S. 64° 48′ 34" W. 782.85 FEET TO A ½" IRON PIN SET; THENCE N. 18° 31′ 06" W. 766.48 FEET TO THE PLACE OF BEGINNING, CONTAINING 10.53 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY PREPARED BY PAUL D. HARBERT, PS NO. 862, DATED AUGUST 2003.
THERE IS EXCEPTED AND RESERVED FROM THE CONVEYANCE ALL OF THAT CERTAIN 0.24 OF AN ACRE, MORE OR LESS, TRACT OF PARCEL OF REAL ESTATE CONVEYED BY WILLIAM WOODY AND LINDA WOODY TO BRUCE FRANHOUSER AND MALINDA FRANKHOUSER BY DEED DATED APRIL 24, 2004, AND OF RECORD IN THE CLERK’S OFFICE IN DEED BOOK 647 AT PAGE 152, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A ½" IRON PIN, AT A POINT IN ONE LINE OF WILLIAM AND LINDA WOODY, SAID POINT BEING THE NORTHEASTERN MOST CORNER OF MARTIN AND REBECCA COEN; THENCE WITH A NEW LINE THROUGH WILLIAM AND LINDA WOODY, N. 45° 51′ 12" E. 225.95 FEET TO A ½" IRON PIN IN THE LINE OF MARY RINGER AND BETTY SMITH; THENCE WITH ONE LINE WOODY AND RINGER AND SMITH S. 22° 42′ 14" E. 101.04 FEET TO A ½" IRON PIN, CORNER TO WOODY AND BRUCE FRANKHOUSER, BEING THE SAME LAND CONVEYED TO FRANKHOUSER BY DEED FROM RINGER AND SMITH ALSO DATED APRIL 14, 2004; THENCE WITH ONE LINE OF FRANKHOUSER, S. 72° 18′ 24" W. 211.12 FEET TO THE PLACE OF BEGINNING CONTAINING 0.24 ACRES, BEING THAT TRIANGULAR PARCEL OF LAND SHOWN ON A PLAT OF SURVEY PREPARED BY PAUL D. HARBERT, PROFESSIONAL SURVEYOR NO. 862, OF MCCOY LAND SURVEYING, DATED MARCH, 2004, WHICH PLAT OF SURVEY IS ATTACHED TO THE AFORESAID DEED BOOK 647, PAGE 152.
THE GRANTOR FURTHER GRANTS, BARGAINS, SELLS, AND CONVEY UNTO THE GRANTEES, AND TO THEIR HEIRS, SUCCESSORS AND ASSIGNS, WITH COVENANTS OF GENERAL WARRANTY, AS AN APPURTENANCES TO SUCH PARCEL OR TRACT OF PROPERTY, A PERPETUAL, NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY, THIRTY (30) FEET IN WIDTH, IN, ON, OVER, UNDER, ACROSS AND THROUGH A PART OF THAT PROPERTY OF THE PREVIOUS GRANTORS ACQUIRED BY THOSE DEEDS OF RECORD IN THE CLERK’S OFFICE IN DEED BOOK 521 AT PAGE 255 AND DEED BOOK 597 AT PAGE 494, THE LOCATION OF WHICH EASEMENT AND RIGHT OF WAY IS MORE PARTICULARLY SET FORTH BELOW AND SHOWN AND ILLUSTRATED ON THE ABOVE DESCRIBED PLAT OF SURVEY, FOR THE PURPOSES OF (A) INGRESS, EGRESS AND REGRESS TO AND FROM SUCH PARCEL OR TRACT OF PROPERTY AND WEST VIRGINIA SECONDARY ROUTE NO. 5 AND (B) INSTALLING, CONSTRUCTING, LAYING, EXTENDING, MAINTAINING, OPERATING, INSPECTING, REPAIRING, REMOVING, REPLACING AND RECONSTRUCTING LINES, CONDUITS, PIPES AND RELATED OR SIMILAR IMPROVEMENTS AND ANY AND ALL CONNECTIONS, ATTACHMENTS, ADDITIONS, APPURTENANCES AND INSTRUMENTALITIES, THERETO, NECESSARY, APPROPRIATE, USEFUL CONVENIENT OR INCIDENTAL TO CARRYING, TRANSMITTING AND TRANSPORTING UTILITIES TO AND FROM SUCH PARCEL OR TRACT OF PROPERTY ("APPURTENANT EASEMENT")
THE APPURTENANT EASEMENT IS AND SHALL BE THIRTY (30) FEET IN WIDTH ALONG ITS ENTIRE COURSE, AND THE CENTERLINE OF THE SAME IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERN BOUNDARY OF THE ABOVE DESCRIBED PROPERTY, SAID POINT IS LOCATED S. 64° 48′ 34" W. 211.12 FEET FROM THE SOUTHEAST CORNER, THENCE S. 01° 54′ 32" E. 169.59 FEET TO A POINT; THENCE S. 12° 36′ 20" W. 125.60 FEET TO A POINT; THENCE S. 36° 38′ 06" E. 38.00 FEET TO A POINT, S. 42° 38′ 24" E. 64.62 FEET TO A POINT; THENCE S. 54° 05′ 29" E. 35.05 FEET TO A POINT; THENCE S. 71° 06′ 56" E. 32.27 FEET TO A POINT; THENCE S. 89° 14′ 28" E. 48.55 FEET TO A POINT; THENCE N. 84° 31′ 43" E. 112.31 FEET TO A POINT; THENCE N. 87° (erroneously referred to as "7" in previous security instrument) 09′ 58" E. (erroneously referred to as "59" in previous security instrument) 222.98 FEET TO A POINT IN THE CENTER OF WEST VIRGINIA SECONDARY ROUTE 5.
WITH RESPECT TO THE APPURTENANT EASEMENT, THE GRANTEES, NOR THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS, SHALL ERECT, CONSTRUCT OR PLACE ANY STRUCTURE, BUILDING, OR OTHER SURFACE IMPROVEMENTS, WHETHER TEMPORARY OR PERMANENT, OTHER THAN EXCLUDING GRAVEL OR ASPHALT PAVEMENT, NOR PLANT NOR LOCATE MY TREES OR SHRUBS IN OR ON THE APPURTENANT EASEMENT, AND ANY STRUCTURE, BUILDINGS, IMPROVEMENTS, OTHER THAN AND EXCLUDING GRAVEL OR ASPHALT PAVEMENT, TREES OR SHRUBS NOW OR HEREAFTER LOCATED ON THE APPURTENANT EASEMENT MAY BE REMOVED BY THE GRANTEES, OR THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS, WITH MOTIVE OF LIABILITY. SAID APPURTENANT EASEMENT IS SUBJECT TO THOSE TERMS AND CONDITIONS AS MORE FULLY SET FORTH IN THE AFOREMENTIONED DEED BOOK 643, PAGE 44.
BEING ALL THE SAME LANDS CONVEYED TO THE FEDERAL NATIONAL MORTGAGE ASSOCIATION BY DEED DATED THE 21ST DAY OF AUGUST, 2010, OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF PRESTON COUNTY, WEST VIRGINIA, IN DEED BOOK 726, AT PAGE 72.
AND FURTHER BEING ALL THE SAME LANDS CONVEYED TO THE GRANTOR(S) HEREIN BY DEED OF EVEN DATE, TO BE RECORDED SIMULTANEOUSLY HEREWITH IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF PRESTON COUNTY, WEST VIRGINIA.
THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL EXISTING RESERVATIONS, RESTRICTIONS, RIGHTS-OF-WAY AND CONDITIONS AS ARE CONTAINED IN THE CHAIN OF TITLE TO SAID PROPERTY.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Rt Box 137 A, Bruceton Mills, WV 26525-9629.
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.
6108 Mid Atlantic Drive
Morgantown, WV 26508
Toll free: (888) 534-3132
Reference File No. 22032