Trustee Sale

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 September 21, 1999, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 14140, in Book No. 683, at Page 0653 and modified in Document No. 201400009115, in Book No. 1095, at Page 442, Zelda G. Armstead did convey unto Jennifer Rhodes, 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 October 23, 2013 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 The Bank of New York Mellon, the successor to JPMorgan Chase Bank, as Trustee for CIT Home Equity Loan Trust 2002-1 to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
January 28, 2016
at 3:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Fairmont City District, Marion County, West Virginia, and more particularly described as follows:
THAT CERTAIN SURVEY IDENTIFIED AS “PLAT SHOWING TRACTS 1 & 2 AT 211 MAPLE AVENUE TO BE TRANSFERRED FROM FAIRMONT COMMUNITY DEVELOPMENT PARTNERS TO BOB ARMSTEAD”, DATED MAY 14, 1996, BY GARY K. CLAYTON, P.S. # 1072, FREELANCE TECHNICAL ASSOCIATES, “WHICH PLAT IS ATTACHED HERETO AND MADE A PART HEREOF, AND TO WHICH REFERENCE IS HEREBY MADE FOR ALL PERTINENT PURPOSES, AND WHICH STRIPS OR PARCELS OF REAL ESTATE ARE MORE PARTICULARLY BOUND AND DESCRIBED AS FOLLOWS:
TRACT 1 (PARCEL A) : BEGINNING AT AN IRON PIN IN THE WESTERN (previously and erroneously referred to as Wester) BOUNDARY LINE OF A FORMER (PREVIOUSLY AND ERRONEOUSLY REFERRED TO AS FORNER) LOT OR PARCEL OF REAL ESTATE, NOW A PART OF LOT ONE (1) IN THE MINOR SUBDIVISION AS HEREINAFTER IDENTIFIED, AND OWNED BY FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP, INC., AND WHICH BEGINNING POINT BEARS A DISTANCE OF N. 11 DEGREES 00′ 45″ W. 63.40 FEET FROM THE NORTHERN (PREVIOUSLY AND ERRONEOUSLY REFERRED TO AS NORTHEN) RIGHT OF WAY LINE OF MAPLE AVENUE, AND THENCE RUNNING ALONG AND WITH THE WESTERN BOUNDARY LINE OF SAID PROPERTY N. 11 DEGREES 00′ W. 6.48 FEET TO A POINT, BEING THE NORTHWEST CORNER OF THE FORMER LOT OR PARCEL OF REAL ESTATE; THENCE N. 77 DEGREES 06 ‘ 45″ E 14 .00 FEET TO A POINT; THENCE S. 42 DEGREES 39′ 15″ E. 8.35 FEET TO AN IRON PIN SET; AND THENCE S. 79 DEGREES 30′ 17″ W. 18.37 FEET TO THE PLACE OF BEGINNING, AND BEING 109.59 SQ. FEET; AND TRACT 2 (PARCEL B): BEGINNING AT AN IRON PIN SET IN THE FORMER LOT OR PARCEL OF REAL ESTATE, ALSO NOW A PART OF LOT ONE (1) IN THE MINOR SUBDIVISION AS HEREINAFTER IDENTIFIED, AND OWNED BY FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP, INC., AND THENCE RUNNING ALONG AND WITH THE FORMER WESTERN BOUNDARY LINE N. 09 DEGREES 15′ 35″ W. 4.00 FEET TO A CALCULATED CORNER; THENCE N 75 DEGREES 31′ 46” E 19.00 FEET TO A RAILROAD SPIKE; THENCE S. 14 DEGREES 28′ 15˝ E. 5.33 FEET TO A RAILROAD SPIKE SET; AND THENCE S. 79 DEGREES 30′ 17″ W. 19.41 FEET TO THE PLACE OF BEGINNING, AND BEING 88.75 SQ. FEET.
THIS CONVEYANCE IS EXPRESSLY MADE SUBJECT TO ALL OTHER RESERVATIONS, RIGHTS OF WAY, EASEMENTS, COVENANTS, CONDITIONS, AGREEMENTS, LIMITATIONS, AND EXCEPTIONS SET FORTH IN PRIOR DEEDS COMPRISING THE CHAIN OF TITLE AND BY WHICH THE GRANTOR IS BOUND IN THE OWNERSHIP THEREOF INSOFAR AS THE, SAME ARE NOW IN FORCE AND EFFORT.
DEED BOOK 927 PAGE 110
ALL THE FOLLOWING PARCEL OF REAL ESTATE, TOGETHER WITH ALL IMPROVEMENTS THEREON AND ALL APPURTENANCES THEREUNTO BELONGING, SITUATE IN WHAT IS KNOWN AS THE HAMILTON ADDITION TO THE TOWN OF FAIRMONT (NOW THE CITY OF FAIRMONT), MARION COUNTY, WEST VIRGINIA, AND MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERN LINE OF MCKINNEY STREET, SAID BEGINNING POINT BEING LOCATED 3 FEET DISTANT IN A NORTHERLY DIRECTION FROM THE SOUTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO THOMAS A. MURPHY AND MARGARET MURPHY BY THOMAS M. WILKINSON AND CAMDEN G. CONAWAY, BY DEED BEARING DATE THE 22ND DAY OF DECEMBER, 1914, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 201, AT PAGE 206, AND RUNNING THENCE WITH THE LINE OF MCKINNEY STREET, N. 18 DEGREES W. 27 FEET TO A POINT IN THE LINE OF THE PROPERTY OF WINIFREDE J. MURPHY (FORMERLY ELIZABETH MCDONALD); THENCE WITH THE LINE OF SAID WINIFREDE J. MURPHY, N. 72 DEGREES E .85 FEET THE LINE OF LOT NO.5; THENCE WITH THE LINE OF LOT NO. 5 S. 18 DEGREES E. 40.9 FEET, MORE OR LESS, TO THE LINE OF THE PROPERTY OF JOHN W. MURPHY; THENCE WITH THE LINE OF JOHN W. MURPHY, S. 72 DEGREES W. 16 FEET, MORE OR LESS, TO A POINT; THENCE N. 46 DEGREES 11′ W. 13.81 FEET TO A POINT; AND THENCE S. 73 DEGREES 35′ W. 62.5 FEET TO THE PLACE OF BEGINNING.
AND FOR THE CONSIDERATION AFORESAID, THE SAID GRANTORS DO HEREBY GRANT UNTO THE SAID GRANTEE, SUBJECT TO THE CONDITIONS HEREINAFTER CONTAINED, A RIGHT OF WAY OR EASEMENT, FOR THE PURPOSES HEREINAFTER SET OUT, ON AND OVER A PARCEL OF LAND ADJOINING THE LAND ABOVE DESCRIBED AND CONVEYED, AND FRONTING 8 FEET ON MCKINNEY STREET, IN SAID CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EASTERN LINE OF MCKINNEY STREET, SAID BEGINNING POINT BEING LOCATED 3 FEET DISTANT IN A NORTHERLY DIRECTION FROM THE SOUTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO THE SAID THOMAS A. MURPHY AND MARGARET MURPHY BY THOMAS M. WILKINSON AND CAMDEN G. CONAWAY, BY DEED BEARING date (previously and erroneously referred to as dated) THE 22ND DAY OF DECEMBER, 1914, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 201 AT PAGE 206, AND RUNNING THENCE N. 73 DEGREES 35′ E. 62.5 FEET TO A STAKE; THENCE S. 46 DEGREES 11′ E. 13.81 FEET, MORE: OR LESS, TO THE LINE OF THE PROPERTY OF JOHN W . MURPHY; THENCE WITH THE LINE OF SAID JOHN W. MURPHY, N. 72 DEGREES E. 3 FEET TO THE NORTHWEST CORNER OF THE PROPERTY OF SAID JOHN W. MURPHY, S. 11 DEGREES E. 10 FEET, MORE OR LESS, TO A POINT; THENCE LEAVING THE PROPERTY OF SAID JOHN W. MURPHY, N. 46 DEGREES 11′ W. 15.89 FEET TO A STAKE; THENCE S. 73 DEGREES 35’ W. 57.86 FEET TO THE SAID EASTERN LINE OF MCKINNEY STREET; AND THENCE WITH THE SAID EASTERN LINE OF MCKINNEY STREET, N. 18 DEGREES W. 8 FEET TO THE PLACE OF BEGINNING.
At the time of the execution of the Deed of Trust, this property was reported to have an address of:
12 McKinney St,
Fairmont, WV 26554.
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.
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. 38384
Times: January 12, 19, 2016