The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated November 15, 2006, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50246991, in Book No. 5024, at Page 6991, Mark J Barnetta and Heidi M Barnetta did convey unto Philip Hereford, 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 Federal Home Loan Mortgage Corporation, as trustee for Freddie Mac Seasoned Credit Risk Transfer Trust, Series 2021-3 to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
December 1, 2025 at 1:15 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 08 – Shady Spring District, Raleigh County, West Virginia, and more particularly described as follows:
That certain lot or parcel of land situate at Cherry Creek, in Shady Springs District, Raleigh County, West Virginia, being shown on a map of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 27, at page 50, and more particularly shown on a survey described as DIVISION OF LOT NO. 2 GOSE TRACT made by Donald M. Reedy, Professional Engineer, September 21, 1981, recorded in said Clerk's Office with a deed in Deed Book 648, at page 401, and which said tract is more particularly bounded and described as follows:
Beginning at a rebar set on the western side of U. S. 19-21, corner to Rockford Cochran, thence with the right of way line of U. S. 19-21 S. 2° 17' E. 254.54 feet to a rebar set, corner to 1.480 acre tract; thence with the line of said 1.480 acre tract S. 76° 11' E. 365.24 feet to 2 rebars set in the line of Delta 104 (formerly Giles, Fayette & Kanawha Turnpike); thence with its line N. 11° 00' E. 97.1 feet to a rebar set; N. 6° 24' E. 100.05 feet to a rebar set; N. 1° 10' W. 100.04 feet to a rebar set; N. 9° 14' W. 77.15 feet to a rebar set, line of Rockford Cochran; thence with the Cochran line S 85° 32' W. 381.45 feet to the point and place of beginning, containing 2.754 acres.
There is EXCEPTED and RESERVED, that certain lot or parcel of land, along with any and all improvements thereon, situate at Cherry Creek, in Shady Spring District, Raleigh County, West Virginia, which said parcel or lot of land is a part pf a 2.754 acre tract with is shown on a map of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 27, at Page 50, and which 2.754 acre tract is also more particularly shown on a survey described as DIVISION OF LOT NO. 2 GOSE TRACT made by Donald M. Reedy, Professional Engineer, September 21, 1981, which map is recorded in the aforesaid Clerk's Office with a deed of record at Deed Book 648, at Page 401, and which tract is more particularly bounded and described as follows:
BEGINNING at a common corner of the Rockford Cochran tract (DB 110, PG 474) and the tract of land owned by the party of the first part, which common corner is on the eastern right of way of US 19/21, situate in the Shady Spring District; thence with the common line of the Rockford Cochran tract and the party of the first part, N. 85° 32' E. 381.45 feet to the common corner of Rockford Cochran tract and the tract owned by the party of the first part and the western right of way of Delta 104 formerly the Giles, Fayette & Kanawha Turnpike 30' on right of way; thence with the western right of way of Delta 104, S. 9° 14' E 40 feet to a new point; thence in a straight line along the northern boundary of a Mountain Water Ditch Culvert, in a southwest direction, 230 feet to a point close to a pond; thence northwest 168 feet to a point at the northern end of the pond (which point is 40 feet from the common boundary line between the Rockford Cochran tract and the tract owned by the party of the first part); thence parallel with the common boundary of Rockford Cochran tract and the tract owned by the party of the first part, S. 85° 32' W 60 feet to a new point in the eastern right of way line of U. S. 19/21; thence S. 2° 17' E. 40 feet to the point and place of beginning.
There is further EXCEPTED and RESERVED, that certain lot or parcel of land, being a 0.39-acre, more or less, portion of Parcel 50.4, Tax Map 27 (Sherri L. Raynor, Book 5021, page 8292,) Shady Spring District, Raleigh County, West Virginia, conveyed to Tammy Y. Lynch, by deed dated June 14, 2006, recorded in the aforesaid Clerk's Office in Book 5022, at page 8281, more particularly described as follows:
BEGINNING at a 5/8 inch diameter iron rebar (placed,) a point on the western right-of-way line of West Virginian County Route 119/8 (old Giles, Fayette, Kanawha Turnpike, a 60-foot wide right-of-way,) being the northeastern boundary corner of Parcel 50.5, Tax Map 27 (Louise B. Sizemore, Roll 161, page 1475;) thence leaving the western right-of-way line of said West Virginia County Route 119/8, and following the northern boundary line of said Parcel 50.5, North 76° 13' 50" West, 100.71 feet to a 5/8 inch diameter iron rebar (placed,) the northwestern boundary corner of said Parcel 50.5; thence following a new boundary line creating a new subdivision of land out of Parcel 50.4, Tax Map 27 (Sherri L. Raynor, Book 5021, page 8292,) North 00°33'55" East, 133.58 feet to a 5/8 inch diameter iron rebar (placed,) a point on the southern boundary line of Parcel 50.6, Tax Map 27 (Diana L. Mathews, Book 5005, page 976,) being south of an existing drainway; thence following the southern boundary line of said Parcel 50.6, North 66°39'37" East, 107.25 feet to a 5/8 inch diameter iron rebar (placed,) the southeastern boundary corner of said parcel 50.6, being a point on the western right-of-way line of said West Virginia County Route 119/8; thence following the western right-of-way line of said West Virginia County Route 119/8 the following three (3) bearings and distances: 1) South 06°18'24" East, 32.28 feet to a point, 2) South 00°10'33" West, 99.59 feet to a point, 3) South 04°21'44" West, 68.56 feet to the point of BEGINNING, containing 0.39 acres, more or less, as shown on a drawing entitled, "Boundary Survey for: Sherri L. Raynor," project number 06S-021, dated May 11, 2006, prepared by Jones & Jordan Engineering, Inc., Beckley, West Virginia.
And being the same property acquired by Mark J. Barnetta and Heidi M. Barnetta, husband and wife, from Sherri L. Raynor, by Deed dated November 14, 2006, to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, prior to or simultaneously herewith.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 707 Flat Top Rd, Shady Spring, WV 25918.
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: $9000.00 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. 93856