Legal 3 col x 6-1/4”
0116 0123
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 7, 2011, and duly recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Document No. 50338, in Book No. 127, at Page 598, Stephen E Lyons did convey unto Richard A Pill, 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 December 5, 2019 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 Branch Banking and Trust Company to foreclose thereunder, will offer for sale at public auction at the front door of the Clay County Courthouse in Clay, West Virginia, on
January 31, 2020 at 11:00 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Union District, Clay County, West Virginia, and more particularly described as follows:
The surface only of all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Elk River, in Union District, Clay County, West Virginia, and more particularly bounded and described as follows:
BEGINNING at a point in the westerly boundary of the right of way of the Baltimore and Ohio Railroad Company’s Coal and Coke Branch and at a common corner to Lots C and D of the Revised Penn-Shoals Plan of Lots as shown on a map recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Photostatic Map Book 2, at page 59; thence along the line between said Lots C and D N. 51° 32’ W 250.91 feet to a point on the Elk River, corner to Lots C and D, thence leaving said Lot C and with the bank of the Elk River N. 40° 1 0’ E 86.87 feet to a point, common corner with Lot E as shown on said Revised Penn-Shoals Plan of Lots, thence with the common line between Lots D and E S. 55° 13’ E 246.69 feet to a point in line of the railroad right of way, thence with the said railroad right of way S. 37° 17’ W 102.70 feet to the point of beginning; and being all of Lot D of said Revised Penn-Shoals Plan of Lots; and being all of the same property conveyed unto Stephen E Lyons by Tern Ann Bostic (formerly known as Tern Ann Smith), by deed dated September 1, 2011, to be filed and placed of record in the said Clerk’s office immediately preceding the recordation of this instrument.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1211 Riverhaven Dr, Clendenin, WV 25045.
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: $7000.00 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 tree: (888) 534-3132
Reference File No. 73317