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 April 23, 2020, and duly recorded in the Office of the Clerk of the County Commission of Wood County, West Virginia, in Document No. 88208227, in Book No. 2111, at Page 811, Austan M Delancey and Emily Delancey did convey unto Approved Attorneys, 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 MidFirst Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Wood County Courthouse in Parkersburg, West Virginia, on
November 6, 2024
at 9:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 09 Union District, Wood County, West Virginia, and more particularly described as follows:
All that certain lot, tract or parcel of land lying and begin in the District of Union, County of Wood and State of West Virginia, more particularly bounded and described as follows:
BEGINNING at a point in the westerly line of two and one-half acre tract conveyed by Bernard Gallihan to G. A. Hollinsworth and Ruby Hollinsworth by deed dated October 6, 1938, recorded in the County Clerk’s Office of said County in Deed Book No. 221 page 217, which point in S. 5 39′ W. 460 1/2 feet from the common corner of the two and one-half acre tract aforesaid and the John F. Pelly four acre tract, in the center of Bull Creek Road; thence running S. 84 30′ E. 165 feet to the George Black line; thence with said line S. 5 30′ W. 315 feet to a corner of said two and one-half tract; thence with two lines of said tract N. 84 30′ W. 165 feet to a point; another corner of said two and one-half acre tract; thence N. 5 30′ E. 315 feet to the place of beginning, being .503 acres, more or less, together with the right to use a ten foot driveway from the northwest corner to the trace above described, along the westerly line of the two and one-half acre tract to the Bull Creek Road, which driveway shall be kept open at all times.
EXCEPTING AND RESERVING therefrom a certain out conveyance from Harley Lee Waggoner and Esther Waggoner, his wife, to Kenneth Waggoner and Carol Ann Waggoner, his wife, by deed bearing date the 17th day of April, 1969, of record in Deed Book No. 561, at page 363 consisting of .497 acres, more or less, as described therein to which reference is hereby made for an incorporation of the description therefrom and the plat attached hereto leaving the balance of this conveyance to be .479 acre by calculation, more or less. The parties hereto believe the average conveyed hereby to be .503 acre, more or less.
This conveyance is subject to a certain agreement by Harley Lee Waggoner and Esther Waggoner and Fred Lee Waggoner and Barbara Waggoner regarding a septic system and the mutual operation for the benefit of the parties as set forth in instrument bearing date the 29th day of June, 1994, of record in Deed Book No. 933, at page 95 to which reference is hereby made for incorporation of the terms and conditions thereof. This conveyance is made subject to all easements, rights of way, restrictions, reservations and protective covenants, including but not limited to all oil, gas and mineral exceptions, reservations and leases, appearing in the chain of title.
THAT pursuant to West Virginia Code, §36-4-8. Should this conveyance of the above particular description, for any reason, prove incorrect or inadequate to cover the property intended to be conveyed as specified, the Party of the First of the First Part, their heirs, successors, beneficiaries or assigns, agree to execute any instrument or instruments as may be necessary to correctly or property transfer the property intended to be conveyed as specified or to correct the particular description.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 141 Bunner Lane, Parkersburg, WV 26104.
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. 87884
Sept 25, Oct. 2