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 April 3, 2006, and duly recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Document No. 50217502, in Book No. 5021, at Page 7502, Anita K. Thomas did convey unto Douglas McElwee, Trustee, 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 September 26, 2012 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 U.S. Bank, National Association, as Trustee, successor in interest to Bank of America, National Association as successor by merger to LaSalle Bank, NA as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-5 to foreclose thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on January 21, 2016 at 12:15 p.m. the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Beckley District, Raleigh County, West Virginia, and more particularly described as follows: The surface of that certain tract or parcel of land, together with all the appurtenances thereunto belonging, located on the Harper Road in the City of Beckley, Raleigh County, West Virginia, and being a part of what is known as the “Dexter Williams Home Place”, and more particularly bounded and described as follows: BEGINNING at a set stone on the Harper Road a corner of the G. M. Powers lot; thence running with the said G. M. Powers lot, N 70 f 05′ W 266.35 feet to a locust; thence N 70 f 24′ W 192.95 feet to a stake; thence S 26 f 06′ W 107.62 feet to a stake; thence leaving the said G. M. Powers lot N 63 f 27′ W 802.81 feet to a set stone and hickory in the boundary line of lands of the Beaver Coal company; thence with the line of Beaver Coal Company, N 55 f 18′ E 281 feet to a point a corner of the Elizabeth Williams Lilly 6.20 acre tract; thence leaving the said line of Beaver Coal Company and with the said Elizabeth Williams Lilly 6.20 acre tract, S 66 f 41′ E 1149.50 feet to a point on the Harper Road, a corner of the said Elizabeth Williams Lilly 6.20 acre tract; thence leaving the said Elizabeth Williams Lilly 6.20 acre tract and with the said Harper Road, S 24 f 30′ W 74.10 feet to a point; thence S 37 f 27′ W 75.89 feet to the point of beginning, containing 6.20 acres, more or less. There is EXCEPTED and RESERVED, that certain tract of land from the aforementioned 6.20 acres, said tract of land more particularly bounded and described as follows, to-wit: Being that certain parcel of land located at Beckley, in the Beckley Corporation, Raleigh County, West Virginia. Said Tract No. 3, being partitioned and more particularly bounded and described as follows: Beginning at a rebar (set), being a common corner of the Albert Updyke Teiche, II, (MR 117-PG 2377), tract of land and the Mark C. Christie (BK 5000-PG 7187), parcel of land, at the southeastern line of a one foot reservation. Thence with the line of the said one foot reservation; N 55 f 18′ 00″ E 281.00′ to a rebar (set), being a common corner of the Julian A. Chipley (MR 123-PG 843), tract of land, and the said Tieche tract of land. Thence leaving the said one foot reservation, and with the common boundary line of the said Chipley and Tieche tracts of land; S 66 f 41’00” E 308.00′ (passing a rebar set on line at 298.00′), to a rebar (set), a new corner in the center of a creek bed. Thence leaving the common boundary line of the said Chipley and Tieche tracts of land, and with eight (8), new lines along the center of the said creek bed, and through the Albert Updyke Tieche, II, tract of land; S 45 f 27′ 18″ W 12.83′ to a point, a new corner, thence; S 01 f 38′ 13″ W 48.33′ to a point, a new corner, thence; S 46 f 14′ 17″ W 36.70′ to a point, a new corner, thence; S 60 f 43′ 35″ W 65.71′ to a point, a new corner, thence; S 03 f 31′ 20″ W 17.28′ to a point, a new corner, thence; S 24 f 24′ 45″ W 57.44′ to a point, a new corner, thence; S 49 f 38′ 10″ W 31.78′ to a point, a new corner, thence; S 77 f 24′ 44″ W 25.83′ to a rebar (set), a new corner at the common boundary line of the said Tieche tract of land and Lot No. 4B, Section 4 of the Fairview Addition. Thence with the boundary line of the said Tieche tract of land; N 63 f 27′ 00″ W 386.00′ to the point of beginning, containing 2.096 acres, more or less, as surveyed by ESI, Inc., Beckley, West Virginia. And being the same property conveyed to Anita K. Thomas Gershen, a married woman, by deed dated October 4, 2002, from Albert Updyke Tieche, II, to be recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, prior to or simultaneously herewith. FURTHER there is EXCEPTED and RESERVED, that certain lot or parcel of land, more particularly described as: Beginning at a corner post (found), being a corner of the Anita K. Thomas (5008- 1629) and the Presley Wagnor (636-395), parcels of land, thence with three (3), new lines through the said Thomas Parcel of land; N 01 f 40′ 58″ W 136.19′ to a rebar (set), a new corner, thence; N 88 f 19′ 02″ E 118.52′ to a rebar (set), a new corner, thence; S 01 f 40′ 58″ E 128.09′ to a rebar (set), a new corner at the boundary line of the said Thomas and Wagnor Parcels of land. Thence with the common boundary line of the said Thomas and Wagnor Parcels of land; S 84 f 24′ 31″ W 118.81′ to the point of beginning, containing 15.662.26 square feet or +/- 0.360 acre, more or less, as surveyed by ESI, Inc., Beckley, West Virginia. And being a part of the same tract or parcel of land conveyed to Anita K. Thomas, by deed dated October 4, 2002, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia at Roll 5008, at Page 1629. There is further conveyed for specific purpose for ingress and egress and unrestricted right of way described as: N 01 f 40′ 58″ W 15.05 feet to a point, thence; N 83 f 33′ 36″ W 216.43 feet to a point, thence S 74 f 55′ 25″ E 57.01 feet to a point, thence; N 88 f 43′ 32″ E 77.01 feet to a point, thence; S 02 f 44′ 23″ W 15.15 feet to a point, thence; S 84 f 43′ 32″ W 77.62 feet to a point, thence; N 74 f 42′ 08″ W 56.30 feet to a point, thence; S 83 f 33′ 36″ W 215.39 feet to a point and being the point of beginning. And being the same property acquired by Anita K. Thomas Gershen and Mark Gershen, by Deed dated the 13th day of February, 2006, from Anita K. Thomas Gershen, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, recorded 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: 1522 Harper Road, Beckley, WV 25801. 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. 30805 1-14-THU-2-RH; 3858

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