Public Notice

The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated October 14, 1994, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book No. 990, at Page 844, William A. Clemens and Agnes Joan Clemens did convey unto Bradley H. Thompson, 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 June 9, 2011 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 Ohio County Courthouse in Wheeling, West Virginia, on
August 14, 2015
at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Wheeling District, Ohio County, West Virginia, and more particularly described as follows:
The following described real estate, situate in Greggsville, Wheeling, Ohio County, West Virginia, that is to say:

Commencing at an iron stake on the East side of the Bethany Pike 25 feet in a northerly direction from the Hughes Cunningham line; thence running in a northerly direction with the East line of Bethany Pike 50 feet; thence at right angles with the last line 120 feet in an easterly direction; thence at right angles with the last line 50 feet in a southerly direction; thence at right angles with the last line 124 feet in a westerly direction to the place of beginning.

Also all the coal within and underlying the property herein conveyed that has not heretofore been sold and conveyed.

The hereinbefore described property is, however, conveyed subject to the conditions that no gasoline station, or automobile repair or supply shop, can be located on the premises as described herein.

A certain lot or parcel of land situate near Greggsville, City of Wheeling, Richland District, Ohio County, West Virginia and being more particularly bounded and described as follows:

Beginning at a point in the easterly line of Bethany Pike, said beginning point being the most westerly corner of the tract of land that was conveyed by John F. Cunningham and Vidella W. Cunningham, to Peter J. Muenze and Eliza Muenze, by deed dated June 10, 1925, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 201, at page 222, said beginning point being also the most northerly corner of the 81/100 of an acre parcel of land, that was conveyed by Chester B. Cunningham, et al., to Johnson B. McKinley, by deed dated June 23, 1952, and recorded in said County Clerk’s office in Deed Book No. 344, at page 416; thence from said beginning point and with the division line between Peter J. Muenze and Johnson B. McKinley, S. 53* 53′ E. 120 feet to a stake; thence leaving said division line and with other lands of Johnson B. McKinley, the following two (2) bearings and distances: S. 36* 07′ W. 1 and 5/10 feet to a stake; thence N. 53* 53′ W. 120 feet to a stake in said easterly line of Bethany Pike; thence with said easterly line N. 36* 07′ E. 1 and 5/10 feet to the place of beginning, containing by survey made by Stegman and Schellhase, Inc., Civil Engineers and Surveyors, One Hundred Eighty (180) square or more or less.

There is also granted to the party of the second part hereto all of the coal within and underlying the property hereby conveyed that has not been heretofore sold and conveyed.

BEING the same real property that was conveyed to William A. Clemens and Agnes Joan Clemens, husband and wife, from Robert Phillip Mazur and Sally Ann Mazur, his wife, by Deed dated October 10, 1994, and intended to be recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, immediately prior to the recording of this Deed of Trust instrument.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 156 Bethany Pike, Wheeling, WV 26003-1606.

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: $3,500.00 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.

5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 31150 Int. July 30, 2015
Int. Aug. 7, 2015