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 June 25, 2014, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50557873, in Book No. 5055, at Page 7873, Dominic J Heuscher did convey unto Barry Dobson and Chad E. Prather, 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 August 30, 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 The Huntington National Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
October 1, 2019 at 11:30 a.m.
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Shady Spring District, Raleigh County, West Virginia, and more particularly described as follows:
The following described Condominium Unit situate in Shady Spring District, Raleigh County, West Virginia, and being more particularly described as follows:
All of Apartment Unit NO. 60 of Dogwood Court Condominium as the name are shown on a Declaration plan entitled “Declaration Plan for Dogwood Court Condominium of Multi-Unit MA consisting of 15.980 acres, Glade Springs, Shady Springs District, Raleigh County, West Virginia”, made by James K. Cook, R.P.E., dated July 2, 1976, revised, April 3, 1978 and of record in the aforesaid Clerk’s Office in Fine 118A, Together with a 1/26th undivided interest for each apartment unit as tenant in common in and to the common elements which are assigned to each said apartments and described in Declaration establishing a plan for Condominium Ownership of a Multi-Unit area consisting of 15.980 acres in Glade Springs, Shady Spring District, Raleigh County, West Virginia, pursuant to Chapter 36A of the code of West Virginia, of 1931, as amended (also known as the Unit Property Act), which said Declaration is dated August 20, 1976, and is of record in the aforesaid Clerk’s Office in Deed Book 570, at Page 780, as amended by Instrument dated October 12, 1979 and of record in said Clerk’s Office in Deed Book 625, at Page 112.
Subject, however, to the following reservations and restrictions:
(1) Easements and other matters set forth in the Declaration.
(2) The Code of Regulations for Dogwood Court Condominium, dated August 20, 1976, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 570, at Page 796, and amended by Instrument dated October 21, 1979, and of record in the said Clerk’s Office in Deed Book 625, at Page 131, (hereinafter called “CODE”).
(3) The Declaration of restrictions for Phase I of Glade Springs, a development of Glade Springs Land Company, Raleigh County, West Virginia, dated August 25, 1971 and of record in said Clerk’s Office in Deed Book 517, at Page 79, as amended by the instrument dated February 14, 1974, Mary 25, 1974 and August 20, 1976, all of which are of record in said Clerk’s Office (Hereinafter collectively called “Restrictions”), the foregoing Declaration of restrictions has been further amended by a document entitled July 1, 1999, amended Declaration of Restrictions for Phase I of Glade Springs, a development of Glade Springs Land Company, in Raleigh County, West Virginia recorded in said Clerk’s Office as Instrument #50001608 ON July 6, 1999.
(4) Amendment to Declaration establishing a plan for Condominiums Ownership of a Multi-Unit area consisting of 15.980 acres in Glade Springs in Shady Spring District, Raleigh County, West Virginia pursuant to Chapter 36A of the code of West Virginia of 1931, as amended, dated October 12, 1979, recorded in said Clerk’s Office in Deed Book 625, at Page 112.
(5) Amendment to Code of regulations “Dogwood Court” Condominium Multi-Unit area consisting of 15.980 acres in Phase One of Glade Springs, Glade Springs Land Company, Shady Spring District, Raleigh County, West Virginia, dated October 12, 1979, recorded in said Clerk’s Office in Deed Book 625, at Page 131.
(6) Supplemental Declaration of Restrictive Covenants and Restrictions to Glade Springs Village Property Owners Association, recorded in Book 5016 at Page 3151 adding this adding this property to Glade Springs Village Property Owners Association, and making it subject to the restrictive covenants recorded in Book 5004 at Page 6485.
The aforesaid Multi-Unit area consisting of 15.9880 acres of Glade Springs in a part of the same land conveyed to the Glade Springs Land Company by deed from Iris Neely, et al, dated July 15, 1974, of record in said Clerk’s Office in Deed Book 544, Page 202.
Reference is hereby made to said map, deed, declaration plan and declaration for a further description of the property and interest therein conveyed.
And being the same property conveyed to William S. Shells, Jr. and Deborah Shells, his wife, from John F. Dickinson, II and Jean Ellen Dickinson, his wife, by deed dated October 23, 2009, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5037, at Page 4180.
Subject to restrictions, reservations, easements, covenants, oil, gas and mineral rights of record, if any.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 213 Dogwood Court, Daniels, WV 25832.
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. 70818
9-18-WED-2-RH; LG 299264
ID: 299264