TRUSTEES’ SALE OF VALUABLE REAL ESTATE

TRUSTEES’ SALE OF VALUABLE REAL ESTATE
1112 Village Way, Fairmont, WV 26554
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated August 15, 2006, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 871, at page 748, Jennifer Casteel-Wade and Brandon Wade did convey unto Carl H. Cather, III, Esq., Spilman, Thomas, & Battle, PLLC, Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute Trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned deed of trust and the undersigned Trustees, having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse, Adams Street, Fairmont, West Virginia 26554 on:
August 16, 2019 At 10:30 AM
All of the following lot or parcel of land, together with the improvements thereon, and appurtenances thereunto belonging, situate, lying and being in the City of Fairmont, Marion County, West Virginia, and being more particularly bounded and described as follows:
Parcel One: Part of Lot No. 146, Section “E”, The Garden Village, more particularly bounded and described as follows: Beginning at a point common comer to Lot No. 147, Lot No. 146 and Lot No. 69, Section “E” The Garden Village Addition, thence with the common line of Lot No. 146 and Lot No. 69, N. 30° 53` West 66.30 feet to a point; common corner of Lot No. 146, Lot No. 69 and Lot No. 145; thence with a line of Lot No. 145 and No. 146, N. 7° 33` East 96.06 feet to a point common corner of Lot No. 145, Lot No. 14 and Lot No. 146; thence with the common line of Lot No. 144 and Lot No. 146, N. 66° 38` 40″ East 63.71 feet to a point common corner of Lot No. 146, Lot No. 144 and Lot No. 76; thence with the common line of Lot No. 146, Lot No. 76, Lot No. 75, Lot No. 74, and Lot No. 73, S. 23° 21` 20″ East 158.06 feet to a point common corner to Lot No. 146, Lot No. 73 and Parcel “Y”; thence with the common line of Lot No. 146 and Parcel “Y”, N. 66° 38` 40″ East 30.26 feet to a point common corner to Lot No. 147 and Lot No. 146; thence with the common line of Lot No. 147 and Lot No. 146, N. 25° 54` 07“ West 10 feet and thence continuing with said common line, S. 67° 04` 23″ West 73.70 feet to the beginning.
Parcel Two: Parcel “Y” of Section “E” The Garden Village, more particularly bounded and described as follows: Beginning at a point in the westerly right of way line of Village Way, thence . 66°, 38` 40″ West 120.26 feet to a point; thence N. 69° 27` 30″ West 4.0 feet to a point common corner to Lot No. 147; thence with Lot No. 147, N. 25° 54` 07″ West 190.70 feet to a point corner to Lot No. 146; thence with a line of Lot No. 146, N. 66° 38` 40″ East 30.26 feet; thence with Lots No. 73, 72, and 71 S. 23° 21` 20″ East 171.81 feet to the point being the southwesterly corner of Lot No. 71; thence with Lot No. 71, N. 66° 38` 40″ East 100 feet to a point in said line of Village Way; thence with said line of Village Way, S. 23° 21` 20″ East 20 feet to the point of beginning.
Parcel Three: Lot No. 147 and a part of Lot No. 146, Section “E” The Garden Village, more particularly bounded and described as follows: Beginning at a point common corner of Lot No. 147 and Parcel “Y” of said Addition and running thence with a line of Lot No. 147, S. 18° 12` 40″ West 12.12 feet; thence continuing with Lot No. 147, N. 65° 52` 40″ West 114.26 feet to a point; thence N. 30° 53` West 116.37 feet to a point; thence N. 66° 38` 40″ East 19.24 feet to a point; thence N. 30° 53` West 10 feet to a point corner to Lot No. 146 as subdivided; thence with the dividing line of Lots 147 and 146 as subdivided North 67° 04` 23″ East 73.70 feet to a point, thence S. 25° 54` 07″ East 10 feet to a point corner to said Parcel “Y”; thence sit the dividing line of Lot No. 147 as subdivided and Parcel “Y”, S. 25° 54` 07″ East 190.70 feet to the place of beginning.
The subject property having been surveyed by Norman L. Kronjaeger, LLS No. 804, and said description is as follows:
Beginning at an iron pine located on the western right of way line of Village Way, common corner to Lot No. 71, thence with said western right of way line of Village Way, S. 23° 21` 30″ East 20.00 feet to an iron pine, common corner to Lot No. 70; thence with the northwestern line of said Lot No. 70, S. 66° 38` 40″ West 120.26 feet to an iron pine; thence S. 17° 16` 40″ West 12.60 feet to an iron pin, common corner to Lot No. 65; thence with the line of said Lot No. 65, N. 65° 52` 40″ West 116.26 feet to an iron pine; thence N. 30° 53` West 116.37 feet to an iron pine; thence N. 65° 41` 40″ East 19.24 feet to an iron pin; thence N. 30° 53` West 76.30 feet to a concrete monument; thence N. 7° 33` East 96.06 feet to an iron pine; thence N. 66° 38` 40″ East 63.71 feet to an iron pine, said iron pin being located in a line of Lot No. 75; thence with the lines of Lot No. 75, 74, 73, 72 and 71, S. 23° 21` 20″ East 329.87 feet to an iron pin, common corner to Lot No. 71; thence with a line of Lot No. 71, N. 66° 38` 40″ East 100.00 feet to the place of beginning.
There is excepted and reserved from this conveyance a part of portion of a lot in The Garden Village, Section E, in the City of Fairmont, Marion County, West Virginia, described in a deed from James H. Longacre and Kathleen Longacre, husband and wife, to Harry Miller and Retha Miller, husband and wife, dated May 30, 1995, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 926, at Page 566, more particularly described as follows:
Part of Lot No. 147 in Section E of The Garden Village, beginning at an iron pin in the northernmost corner of Lot No. 66 in Section D, and running thence with three (3) arbitrary lines through Lot No. 147, N. 61 ° 34` 5″ East 33.19 feet to an iron pin; thence S. 46° 15` 43″ East 42.95 feet to an iron pin; S. 30° 02` 20″ West 12.00 feet to an iron pin, common corner to Lot No. 65 and 66; thence with the northern line of Lot No. 66, N. 65° 52` 40″ West 59.40 feet to the place of beginning, containing 1,033.46 square feet.
And being all of the same property conveyed to Brandon S. Wade and Jennifer R. Casteel-Wade, husband and wife, by virtue of a deed to them dated the 8th day of August 2006, from Kellie S. Cogar, formerly known as Kellie S. Klingensmith, to be recorded immediately prior hereto.
The above-described deed and plat references are here made for a more particular description and for all pertinent purposes whatsoever.
This conveyance is made together with all buildings and improvements, rights, roads, ways, easements, privileges, appurtenances, and advantages thereunto belonging or in any way appertaining.
This conveyance is specifically made subject to all reservations, agreements, exceptions, land use regulations, covenants, conditions, rights-of-way, restrictions, prior out conveyances, prior conveyances of minerals and rights to extract the same, and easements all as contained in prior deeds of conveyance and documents of title affecting the above described real estate, and those shown on all recorded plats of survey.
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $12,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
55 Meridian Parkway, Suite 108
Martinsburg, WV 25404
(304) 757-7956, (443) 815-3931
www.sterneisenberg.com
Times: July 12, 19, 2019