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 March 9, 2016, and duly recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Document No. 2016011768, in Book No. 544, at Page 225, and modified by Corrective Affidavit recorded on July 18, 2023, in Document No. 202300675, in Book No. 22, at Page 186, Jonathan M Senic did convey unto Douglas McElwee, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Wells Fargo Bank, NA to foreclose thereunder, will offer for sale at public auction at the front door of the Randolph County Courthouse in Elkins, West Virginia, on
September 20, 2023 at 12:30 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 10 – Leadsville Dist District, Randolph County, West Virginia, and more particularly described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF RANDOLPH, STATE OF WEST VIRGINIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT, LOT OR PARCEL OF LAND, TOGETHER WITH IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN LEADSVILLE DISTRICT,
RANDOLPH COUNTY, WEST VIRGINIA, LOCATED ON THE SOUTH SIDE OF SECONDARY ROUTE 25/1 APPROXIMATELY 1.5 MILES EAST OF U.S. ROUTE 219-250, AND BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4″ X 30″ REBAR AT THE WESTERLY BOUNDARY OF OAK LANE; THENCE WITH TWO (2) LINES OF OAK LANE, S. 74 12′ E. 63 FEET TO A 3/4″ REBAR; THENCE S. 65 55′ E. 40 FEET TO A 3/4″ X 30″ REBAR; THENCE LEAVING SAID STREET, S. 15 48′ W. 146.43 FEET TO 3/4″ X 30″ REBAR; THENCE N. 74 12′ W. 105 FEET TO A 3/4″ X 30″ REBAR; THENCE N. 15 48′ E 150 FEET TO THE POINT OF BEGINNING, CONTAINING 0.36 ACRES, MORE OR LESS, AND BEING ALL OF LOT NO. 8 OF THE MAPLE HEIGHTS SUBDIVISION.
THIS CONVEYANCE IS SUBJECT TO THE FOLLOWING
RESTRICTIONS WHICH SHALL BE COVENANTS RUNNING WITH THE LAND, TO-WIT:
1. SAID REAL ESTATE SHALL BE SOLEY FOR SINGLE-FAMILY
RESIDENTIAL USE. NO COMMERCIAL USE SHALL BE PERMITTED ON THE REAL ESTATE HEREBY CONVEYED.
2. THE REAL ESTATE HEREBY CONVEYED SHALL NOT BE
SUBDIVIDED.
3. ANY IMPROVEMENTS ON THE REAL ESTATE HEREBY CONVEYED SHALL CONTAIN NOT LESS THAN 1,200 SQUARE FEET AND SHALL HAVE APPROVED SANITATION FACILITES. NO TRAILERS, MOBILE HOMES OR MODULAR HOMES SHALL BE PLACED UPON THE REAL ESTATE HEREBY CONVEYED. CAMPERS OR RECREATIONAL MOBILE HOME UNITS SHALL NOT BE PROHIBITED BUT SHALL BE STORED WITHIN A GARAGE OR OUTBUILDING BUILT IN
COMPLIANCE WITH THE RESTRICTIONS HEREIN CONTAINED.
4. ANY GARAGE BUILT UPON THE REAL ESTATE HEREBY CONVEYED SHALL BE ATTACHED TO ANY RESIDENCE PROPERTY
SITUATE THEREON OR BE OF SIMILAR ARCHITECTURE AND BLEND WITH IMPROVEMENTS TO SAID REAL ESTATE. IN ADDITION TO SUCH GARAGE, NOT MORE THAN ONE OUTBUILDING MAY BE BUILT OR IMPROVEMENTS TO SAID REAL ESTATE.
5. NO OUTBUILDING OR IMPROVEMENTS TO SAID REAL ESTATE SHALL BE CLOSER THAN FORTY (40) FEET TO THE ROAD FRONTING THE REAL ESTATE HEREBY CONVEYED AND NO BUILDING OR
IMPROVEMENT SHALL BE BUILT CLOSER THAN FIFTEEN (15) FEET TO THE SIDE OR REAR BOUNDARIES OF THE REAL ESTATE HEREBY CONVEYED.
6. RA-LU, INC. WILL CONSTRUCT ROADWAYS SERVING THE PROPERTY HEREBY CONVEYED AND WILL CONSTRUCT AN
ACCEPTABLE SEWAGE TREATMENT FACILITY IN COMPLIANCE WITH THE STATE AND FEDERAL SANITATION LAWS. BY ACCEPTANCE AND RECORDING OF THIS DEED, THE GRANTEES AGREE TO JOIN THE MAPLE HEIGHTS HOMEOWNER’S ASSOCIATION AND BY
PARTICIPATION IN THE HOMEOWNERS’ ASSOCIATION ASSUME RESPONSIBILITY FOR THE MAINTENANCE AND UPKEEP OF
ROADWAYS AND SAID SANITATION SYSTEM.
7. NO UNLICENSED VEHICLES SHALL BE PERMITTED ON THE REAL ESTATE HEREBY CONVEYED.
THIS CONVEYANCE IS SUBJECT TO ALL NECESSARY EASEMENTS TO THE PLACEMENT OF PIPE LINES, CONDUITS OR OTHER
UTILITIES, INCLUDING BUT NOT LIMITED TO WATER LINES, SEWER LINES AND ELECTRICAL DISTRIBUTION LINES PROVIDING SERVICES FOR THE SAID PROPERTY HEREBY CONVEYED AND FOR THE
OTHER PROPERTY SITUATE IN THE SAID MAPLE HEIGHTS
SUBDIVISION WHICH SAID EASEMENTS MAY BE USED BY
GRANTEES HEREIN IN ANY MANNER NOT INCONSISTENT IN ANY MANNER WITH THE PLACEMENT AND MAINTENANCE BY RA-LU, INC. OF SUCH UTILITY LINES INCLUDING LINES FOR ELECTRICAL
DISTRIBUTION SERVICES OR OTHER UTILITIES SERVICES AS WELL.
THERE IS EXPRESSLY RESERVED AND EXCEPTED FROM SAID TRACT OR PARCEL SUCH OF THE COAL, OIL, GAS, AND OTHER MINERAL AND APPURTENANT MINING, DRILLING, LEASING,
OPERATING, DEVELOPMENT AND REMOVAL RIGHTS AND PRIVILEGES AS HAVE BEEN HERETOFORE RESERVED AND
EXCEPTED OR SOLD AND CONVEYED AWAY BY THE PARTIES OF THE FIRST PART OR PRIOR OWNERS BY DEEDS OF RECORD IN THE AFORESAID CLERK’S OFFICE, REFERENCE TO WHICH IS HEREBY MADE FOR ALL PERTINENT PURPOSES; HOWEVER, ANY AND ALL RIGHT, TITLE AND INTEREST OF FIRST PARTIES IN AND TO THE COAL, OIL, GAS, AND OTHER MINERALS AND APPURTENANT
MINING, DRILLING, LEASING, OPERATING, DEVELOPMENT AND
REMOVAL RIGHTS AND PRIVILEGES IN, UPON AND UNDERLYING SAID TRACT OR PARCEL ARE HEREBY CONVEYED BY PARTIES OF THE FIRST PART TO THE PARTIES OF THE SECOND PART.
THIS CONVEYANCE IS MADE SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS AFFECTING SAID PREMISES OF RECORD IN SAID CLERK’S OFFICE, IF ANY, AND IS FURTHER MADE SUBJECT TO SUCH RIGHTS OF WAY, EASEMENTS AND OTHER MATTERS WHICH WOULD BE DISCLOSED BY VISUAL INSPECTION OF THE PREMISES HEREIN CONVEYED.
THE PROPERTY HEREIN CONVEYED IS MADE SUBJECT TO ANY AND ALL EXCEPTIONS, RESERVATIONS, CONDITIONS AND
RESTRICTIONS CONTAINED IN PRIOR DEEDS IN THE
CHAIN OF TITLE.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 111 Red Oak Lane, Elkins, WV 26241.
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. 84693
8/18, 8/25