The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated June 20, 2013, and duly recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Document No. 150044, in Book No. 560, at Page 410, Kenneth C. Fisher, Jr. and Renee L. Fisher did convey unto Trump & Trump, L.C., 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 13, 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 JPMorgan Chase Bank, National Association, to foreclose thereunder, will offer for sale at public auction at the front door of the Hampshire County Courthouse in Romney, West Virginia, on
December 14, 2017 at 11:15 a.m.
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Bloomery District, Hampshire County, West Virginia, and more particularly described as follows:
Situate in Bloomery District, Hampshire County, West Virginia, more particularly described as follows:
Tract No. 44 of Forks of Cacapon Lake Subdivision, which tract contains 8.056 acres, more or less, said real estate being more particularly described upon the plat of said subdivision of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Map Book 2 at Page 23, which plat is expressly incorporated herein by reference for a more particular description of the subject real estate.
Subject to the Covenants and Restrictions attached to the deed of record in Deed Book No. 303 at Page 367.
For the consideration aforesaid, the grantor does hereby grant and convey unto the grantees, their heirs and assigns, all of his right, title and interest in and to that certain right of way as shown on the plat of Forks of Cacapon Lake Subdivision, which right of way is described in the aforementioned grantor’s deed as being “Fifty Feet (50’) wide, with twenty-five (25’) thereof being with the bounds of the tract herein conveyed.” The right to use said right of way is not an exclusive right, said right of way having been reserved in prior deeds in the chain of title as an “open road across part of the tract herein conveyed” and said right to be in common with the Plymouth Corporation, its successor or assigns , and with other tract owners who have the right to use the same; it being understood that the present roadway is located within the bounds of the fifty foot ( 50’) right of way as shown on the said plat, but may not necessarily be located in the center thereof.
This lot may not be subdivided.
There is reserved unto Plymouth Corporation the right to grant unto utility companies the right to establish their power lines and utility lines as may be necessary to serve the owners of the parcels within said subdivision.
The real estate herein conveyed is subject to a road maintenance fee of twenty-five dollars ($25.00) per tract per year as recited in prior deeds in the chain of title.
The real estate herein conveyed is subject to any other rights, rights of way, easements restrictions and reservations which may affect the same and which are of record in the aforesaid Clerk’s Office.
BEING the same real estate conveyed unto Kenneth C. Fisher, Jr. and Renee L. Fisher, by Secretary of Housing and Urban Development, by deed dated June 12, 2013, of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, immediately prior hereto.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Fall Road Lot 44, Bloomery, WV 26817 AKA 494 Fall Seasons Rd., Paw Paw, WV 25434.
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. 30405
11-22-2c