Raleigh

TRUSTEE’S SALE OF VALUABLE REAL ESTATE

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 30, 2008, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Document No. 2008506600, in Book No. 826, at Page 693 and reformed in Document No. 2014011851, in Book No. 61, at Page 158 and reformed in Document No. 2014012700, in Book No. 61, at Page 200 and reformed in Document No. 2015002892, in Book No. 62, at Page 31, Shalice R. Haire did convey unto Richard A. Pill, ESQ., 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 May 6, 2015 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 Wells Fargo Bank, N.A. to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on August 13, 2015 at 11:00 a.m. the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Valley District, Fayette County, West Virginia, and more particularly described as follows: All that certain surface tract or parcel of real estate located to the north of the West Virginia State Turnpike, together with the improvements thereon, situate and being on Paint Creek, Valley District, Fayette County, West Virginia, which property is more particularly bounded and described as follows: TRACT NO. 1: BEGINNING at a stake on the bank of Paint Creek corner to Tract #4 thence with same S. 15-00 E 1740.0 feet to a stake corner to the same and on original line; N 44 f-06 E 64.7 feet to a stake on ridge; thence, N 32 f-18′ E. 223.0 feet to a corner to Tract #6 and with, N 15-00 W 1535.0 to a stake on Paint Creek thence down same, N 51-15 W 62.0 feet to a stake on Paint Creek S 68-13 W 183.2 feet to the beginning N 15-00 W 1535.0 to a stake on Paint Creek thence from same and containing 8.4 acres. There is however, excepted and reserved from the above-described real estate: That certain tract or parcel of real estate conveyed by deed of Fornia A. Sutphin, widow, to the West Virginia Turnpike Commission, dated the 13th day of July, 1953, and recorded in Deed Book 180, at Page 204. That certain tract or parcel of real estate conveyed by deed of Fornia A. Sutphin, widow, to Howard Ray Wriston, et ux, dated February 9, 1957, of record in Deed Book 205, at Page 498. That certain tract of parcel of real estate conveyed by deed dated August 21, 1980, Henry Wriston and Evelyn Wriston conveyed two parcels to the West Virginia Department of Highways, described as 0.65 acres and 0.23 acres, for the widening of the West Virginia Turnpike, which deed is of record in Deed Book 393, at Page 163. TRACT NO. 2: BEGINNING at a concrete marker on the northern boundary line of W.Va. Turnpike Commission right-of-way and from such marker in a northerly direction, approxi-120 feet to a point along the southern edge of existing lane or right-of-way which intersects the original tract herein; thence, from said point on said lane and running with and along said lane in a westerly direction a distance of approximately 60 feet to a point on the original western boundary line of Tract No. 5 and the intersection of such original lane or right-of-way to graveyard; thence, with the existing line of Tract No. 5, being N 15 f 00′ W for a distance of approximately 80 feet to a point on the existing northern right-of-way line of W.Va. Turnpike; thence along such Turnpike right-of-way S 85 f 00′ E for a distance of approximately 45 feet to the point of beginning and being all of the rest and remainder of that certain .76 acre tract originally conveyed to the Grantors herein by deed recorded in Deed Book 205 at Page 498 in the Office of the Clerk of the Fayette County Commission. There is however, excepted and reserved from the above-described real estate: That certain tract or parcel of real estate conveyed by deed of Howard Ray Wriston and Lucille Scott Wriston to John Wesley Wriston and Judith A. Wriston dated the 26th day of March 1979, and recorded in Deed Book 378, at Page 238, being more particularly described as follows: BEGINNING at a stake on the bank of Paint Creek, a corner tract No. 5, thence with the line of said Tract S 15 f E 406.28 feet, more or less, to a point on said line and the southern right-of-way edge of the 20 foot right-of-way from State Route to the graveyard intersects said boundary line of Tract No. 5, thence through said tract S 85 f E 40 feet, more or less, to a point, thence, N 9 f 2′ W. 394 feet, more or less, to a point, thence continuing an extension of said line running N 9 f 2′ W 42 feet, more or less, to a point on Paint Creek, thence S 68 f 13′ W 96 feet, more or less, to the beginning. There is further GRANTED and CONVEYED unto the Grantee, their heirs, successors or assigns, a non-exclusive right-of-way and easement over and across the existing roadway across the property to the east of the subject real estate, which right-of-way and easement shall continue to be located in its present location, and Grantors further grant to Grantee, their heirs, successors or assigns, the non-exclusive rights to use and cross the bridge located on adjoining property. And being the same property acquired by Shaliee R. Haire by deed dated July 31, 2008 from Ralph A. Kirk, Jr. and Patsy G. Kirk, to be recorded in the Office of the Clerk of the County commission of Fayette 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: RR1 Box 95A, Scarbro, WV 25917-9749. 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: $9,000.00 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. 1319 7-7-TUE-2-RH; LG 3134