Legal 3 col x 8-1/4”
0310 0317
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 November 17, 1998, and duly recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Document No. 9882, in Book No. 93, at Page 790 and re-recorded in Document No. 142031 (Order), in Book No. 21, at Page 759, Janice L Hagerman and Paul E Hagerman did convey unto Jeffery A. Davis, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; 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 Clay County Courthouse in Clay, West Virginia, on
April 7, 2022 at 1:30 p.m.
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 03 – Henry District, Clay County, West Virginia, and more particularly described as follows:
That certain tract or parcel of surface land, believed to contain 51.66 acres, more or less, situate on Reed Fork, in Henry District, Clay County, West Virginia, and described as follows:
BEGINNING at an iron pin on the west side of the Left Fork of Reed Fork; thence leaving said left fork and up the hill with the division line between French and Bainey Walls and Robert Kerns and Golden Salyers, S. 6 degrees 36’ W., 498.49 feet, S. 18 degrees 36’ W., 173.11 feet, S. 25 degrees 06’ W., 154.09 feet to a point on the ridge, being common comer to Walls, Kerns, Salyers and the Geary Land Company tracts; thence leaving said Kerns and Salyers line and along the ridge S. 89 degrees 52’ W., 124.57 feet, N. 68 degrees 42’ W., 259.80 feet, N. 74 degrees 02’ W., 293.10 feet, N. 88 degrees 12’ W., 293.92 feet, S. 79 degrees 28’ W. 111.20 feet, S. 42 degrees 13’ W., 204.37 feet, S. 63 degrees 02’ W., 161.59 feet, S. 82 degrees 06’ W., 194.72 feet, N. 34 degrees 46’ W., 132.00 feet, N. 62 degrees 19’ W., 249.69 feet, N. 73 degrees 26’ W., 308.40 feet, N. 65 degrees 3’ W., 506.17 feet, N. 59 degrees 36’ W., 117.93 feet, N. 77 degrees 00’ W. , 169.45 feet to a cross on a rock on top of a high knob; thence N. 32 degrees 18’ E., 111.01 feet, N. 29 degrees 03’ E., 328.20 feet, N. 17 degrees 13’ E., 398.08 feet, N. 18 degrees 08’ E., 154.50 feet, N. 40 degrees 36’ E., 313.40 feet, N. 13 degrees 41’ E., 397.08 feet, N. 5 degrees 58’ E, 204.14 feet, N. 0 degrees 34’ E., 257.13 feet, N. 42 degrees 52’ E., 297.54 feet, N. 76 degrees 22’ E., 38.00 feet to a white oak on a knob; thence leaving the ridge and down the hill, S. 47 degrees 32’ E., 2870.97 feet to the place of beginning, containing 107.41 acres, more or less.
However, reserved and excepted from this transfer are the following five out-conveyances:
1. Deed on record in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 79, at Page 134, dated 3 October, 1956, from Bainey and French (aka A. French) Walls to Earl Walls for a tract of 20.9 acres.
2. Deed on record in the aforesaid Office in Deed Book 84, at Page 294, dated 15 July, 1959, from A. F. Walls, (aka French Walls) et. Al., to United Fuels Company for 2.66 acres.
3. Deed on record in the aforesaid Office in Deed Book 129, at Page 34, dated 24 March, 1981, from Carl & Elizabeth Walls and Ronald Walls to Earl & Anna Mae Walls, husband and wife, for 13 acres.
4. Deed on record in the aforesaid Office in Deed Book 150, at Page 603, dated 20 December, 1989, from Ronald & Alice Walls and Carl & Elizabeth Walls to David & Bonnie Walls, husband and wife, for 10 acres.
5. Deed on record in the aforesaid Office in Deed Book 150, and page 608, dated 20 December, 1989, from Ronald & Alice Walls and Carl & Elizabeth Walls to Ronald & Alice Walls, husband and wife, for 10 acres.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 766 Left Reed Fork Rd, Procious, WV 25164.
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: $4000.00 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. 78420