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 May 18, 2012, and duly recorded in the Office of the Clerk of the County Commission of Wetzel County, West Virginia, in Document No. 129071, in Book No. 360, at Page 183, and modified in Document No. 175639, in Book No. 383, at Page 48, Charles E
Cunningham, II did convey unto Robert G. McCoid, 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 November 20, 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 Wetzel County Courthouse in New Martinsville, West Virginia, on
February 21, 2020at 1:30 PM
the following described real estate, together with its
improvements, easements and appurtenances
thereunto belonging, situate in Church District,
Wetzel County, West Virginia, and more particularly described as follows:
The following described property, together with the
improvements thereon and appurtenances thereto,
situate on a branch of Fish Creek, Church District, and Wetzel County, West Virginia, more particularly
bounded and described as follows:
Beginning at a ½” I.P. to be set in concrete on the south side of the public road in the common property line of the 35 acres heretofore conveyed unto the said James W. Mike, and 63 acres of Beryl Cunningham, (formerly A. A. Cunningham from Whistler in 128- 312-1919), then along the S. side of the public road N. 74* 35′ W. 260.6 feet to another I. P. to be set in concrete, then across the bottom S. 15* 25′ W. and at 215 feet another I.P. to be set in concrete and continuing 15 more feet, a total of 230 feet to a point in “no name” run branch of Fish Creek, then up the said stream S. 87* 15′ E. 273.95 feet to a point in said stream in the aforesaid Cunningham line, then with said line N. 13* 10′ E. and at 15 feet passing over another I.P. to set in concrete and
continuing a total of 170 feet to the beginning and
containing 1.2 acres, more or less, according to the
Report of Survey dated October 11, 1972, of J. Herbert Higginbotham, Surveyor, all of which more particularly appears on the plat of survey made a part hereof.
BEING the same property conveyed to in Aaron L. Kolat and Jennifer L. Kolat, husband and wife, who acquired title by deed from Jon D. Shriver and Paula M. Shriver, husband and wife, which said deed is dated April 3, 2008, and recorded in the aforesaid Clerk’s office in Deed Volume 415, at page 127.
The parties of the first part for and on behalf of
themselves, their heirs, successors and assigns, except and reserve a right of way or easement for a roadway fifteen (15) feet in width to be located on an existing driveway for ingress, egress and regress to and from Route 68 to an adjoining .997 acre tract, being the same tract conveyed unto Jon David Shriver and Paula M. Shriver, husband and wife, by James W. Mike and Mary Mike, husband and wife, by Deed dated February 12, 1981 of record in the aforesaid Clerk’s office in Deed Book 300 at page 40. The parties of the second part, their heirs, successors and assigns shall have the right to utilize said roadway in common with the parties of the first part, their heirs, successor and assigns.
This conveyance is made subject to all other
reservations, restrictive covenants, exceptions and
conditions appearing of record in the Office of the Clerk of the County Commission of Wetzel County, West
Virginia, together with all grants of rights of way and easements made by the grantors and their
predecessors in title respectively.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 312
Pogue Rd, Burton, WV 26562.
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: $8000.00in 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. 65324
WC 1/22 1/29 14416