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 June 3, 2005, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Document No. 1617067, in Book No. 1267, at Page 299 and modified in Document No. 1633159, in Book No. 1283, at Page 669, Denzle Warner and Avis Warner did convey unto Patrick J. McDermott, 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 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, NA to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse in Wheeling, West Virginia, on
December 13, 2019
at 11:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Triadelphia Country District, Ohio County, West Virginia, and more particularly described as follows:
The following tract of land is situate north of Sample Road, (W.Va. State Secondary Route No. 41/4), Triadelphia District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point in the easterly line of the one acre tract of land that was conveyed by Harold F. Johnson, et al., to Louis J. Yahn by deed dated April 21, 1983, and recorded in said County Clerk’s Office in Deed Book 612 at Page 319, at its intersection with the division line between the tract herein described and the 1 and 582/1000 acre tract of land now or formerly owned by said Louis J. Yahn; thence from said beginning point and with said easterly line the following five (5) bearings and distances: S. 37* 09′ E. 51 and 9/10 feet to a point; thence S. 44* 40′ E. 30 and 65/100 feet to a point; thence S. 55* 38′ E. 15 and 82/100 feet to a point; thence S. 63* 13′ E. 53 and 42/100 feet to a point; thence S. 25* 14′ E. 175 and 76/100 feet to a point in the centerline of Sample Road: thence with same the following nine (9) bearings and distances; S 64* 46′ W. 116 and 96/100 feet to a point; thence S. 72* 05′ W. 31 and 4/10 feet to a point; thence S. 83* 31′ W. (at 5 and 71/100 feet passing the easterly line of a right of way or roadway, twenty (20) feet wide, hereinafter described) 29 and 3/10 feet to a point; thence N. 84* 21′ W. (at 17 feet passing the westerly line of said right of way) 32 and 65/100 feet to a point; thence N. 70* 15′ W. 32 feet to a point; thence N. 62* 36′ W. 20 and 95/100 feet to a point; thence N. 57* 59′ W. 33 and 8/10 feet to a point; thence N. 48* 32′ W. 51 and 27/100 feet to a point; thence N. 45* 26′ W. 72 and 99/100 feet to a point; thence leaving said road and with said division line between the tract herein conveyed and said 1 and 582/1000 acre tract, the following three (3) bearings and distances: N. 55* 27′ 06″ E. (at 144 and 2/10 feet passing the westerly line of said right of way, twenty (20) feet wide) 168 and 06/100 feet to a point in the easterly line of same; thence with same N. 01* 32′ W. 65 and 75/100 feet to a point; thence crossing through said one acre tract N. 52* 51′ E. 50 feet to the place of beginning containing one and four hundred thirty-four one thousandths (1 and 434/1000) acres, more or less, as compiled by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Wheeling, West Virginia, on April 20, 1989.
Being the same real property that was conveyed to Denzle Warner and Avis Warner, husband and wife, from Louis J. Yahn, single, by Deed dated September 2, 1989, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 668 at page 468.
There is also granted to the parties of the second part hereto the right to use the aforesaid right of way, twenty (20) feet wide, leading from the northerly line of the above described 1 and 582/1000 acre tract of land in a southerly direction to Sample Road, the westerly line of said right of way being more particularly described as follows: Beginning at a point in the northerly line of said above described 1 and 434/1000 acre tract of land, said beginning point being located N. 55* 27′ 06″ E. 144 and 2/10 feet from the most westerly corner of same; thence with said westerly side, the following four (4) bearings and distances: S. 01* 32′ E. 80 and 79/100 feet to a point; thence S. 36* 32′ E. 74 and 86/100 feet to a point; thence S. 28* 37′ E. 16 and 75/100 feet to a point; thence leaving said westerly line of said right of way, twenty (20) feet wide, S. 02* 40′ E. 36 and 34/100 feet to a point in the center of Sample Road, located S. 83* 31′ W. 23 and 59/100 feet and N. 84* 21′ W. 17 feet along said center of Sample Road from the easterly line of said right of way. Said right of way is to be used in common by all owners having rights therein, their heirs and assigns.
The said 1 and 434/1000 acre tract is subject to that part of the right of way twenty (20) feet wide as the same is described above passing through said 1 and 434/1000 acre tract to other lands now owned by the party of the first part hereto.
There is excepted and reserved from the said 1 and 434/1000 acre tract of land, so much of the coal underlying same, together with such mining rights and privileges that have heretofore been excepted and/or conveyed.
The above described 1 and 434/1000 acre tract to land is subject to that part of the right of way for Sample Road that is included within the boundary lines of said 1 and 434/1000 acre tract.
Together with all improvements constructed upon, affixed to or located upon the above described real property, including without limitation any residential dwelling located upon or to be located thereon, which dwelling is or may be a manufactured home, as hereinbelow described, which manufactured home is or upon placement and affixation shall be conclusively deemed to be real estate (the “Manufactured Home”):
Make: Skyline
Model: Homette
Year Built: 2005
Width and Length: 28 x 48
No Certificate of Title has been issued
The above described 1 and 434/1000 acre tract is subject to the following restrictions and conditions which shall run with the land:
(1) Each lot shall be used for residential purposes only. Said lot shall not be subdivided by grantees, their heirs or assigns. No structure shall be erected, altered, placed or permitted to remain on said lot other than one single family dwelling not to exceed two and one half stories in height and a private garage for not more than two cars, which garage may be attached to or detached from the dwelling. The Grantees may erect or place a mobile or modular home on this property in lieu of the mentioned one single family dwelling.
(2) No basement, tent, shack or garage shall at any time be temporarily or permanently used as a residence, nor shall any structure of a temporary character be used as a residence.
(3) No noxious or offensive trade or activity shall be carried on upon said lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(4) No vehicles may be kept or maintained on the property unless they are operational and bear- a current valid license plate and state inspection sticker.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Box 139 Route 1, Valley Grove, WV 26060-8072.
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: $3500.00 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. 66167
Int. Nov. 29. Dec. 6, 2019