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 July 1, 2005, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 200500009838, in Book No. 839, at Page 212 and modified in Document No. 201000001316, in Book No. 972, at Page 40, Martha L. Scafella did convey unto BB&T Collateral Service Corporation, 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 March 8, 2016 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 FV-I, Inc. in Trust for Morgan Stanley Mortgage Capital Holdings LLC to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
April 27, 2016
at 9:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Paw Paw District, Marion County, West Virginia, and more particularly described as follows:
All that certain parcel or tract of land, consisting of two tracts conveyed to Charles and Thelma Smith in Deed Book 822, Page 341 and Deed Book 758, Page 573, located along U.S. Route No. 19 and on the waters of Pharoah’s Run, situate in Paw Paw District, Marion County, West Virginia, said total tract being more particularly bounded and described as follows:
Beginning at a point in the westerly line of U. S. Route No. 19, corner to a parcel owned by Gary J. and Helen M. Asher; thence running with a line of said route, S 11° 56′ 10″ E 150.68 feet to a point In the original line between the two tracts from which this described parcel Is comprised; thence continuing with said road, S 11 ° 56′ 10″ E 46.02 feet to a point In the westerly line of said road and corner to other lands of the aforesaid Asher; thence leaving said road and running with a line of said Asher lands, S 89° 12′ 50″ W 215.63 feet, passing a 1/2″ Iron pin set on line at 20.00 feet, to a 1/2″ iron pin set in the easterly line of old farm outlet road; thence leaving said Asher tract and running with the eastern line of said outlet road and other lands of Charles and Thelma Smith, N 00° 44′ 10″ W 8.40 feet to a 1/2″ iron pin set, an original corner between the two small tracts described herein; thence continuing with said Smith’s other lands and the outlet road, N 04° 02′ 00″ W 157.80 feet to a 1/2″ rod with a yoke found, corner to the lands of Asher, first mentioned; thence running with a line of same, N 80° 58′ 00″ E 238.47 feet, passing a 1/2″ iron pin found on line at 188.47 feet, to the place of beginning, containing 0.83 acres, as shown on a plat prepared by Landmark Surveying, dated March 6, 1998.
This real estate is conveyed subject to all the exceptions, reservations, conditions, rights of way, restrictions or easements that may have been conveyed away and/or reserved by owners in the chain of title to this real estate and which are of record insofar as the same are now still effective.
At the time of the execution of the Deed of Trust, this property was reported to have an address of:
RR 1 Box 482,
Rivesville, WV 26588
aka 6108 Fairmont Road Rivesville, WV 26588.
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. 39939
Times: April 12, 19, 2016