Pendleton

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 23, 2008, and duly recorded in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book No. 121, at Page 184, Sandra C. Sanders did convey unto Carl H. Cather, III, Esq., Spilman, Thomas, & Battle, PLLC, 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 December 27, 2017, 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 PHH Mortgage Corporation to foreclose thereunder, will offer for sale at public auction at the front door of the Pendleton County Courthouse in Franklin, West Virginia, on

February 8, 2018 at 2:00 PM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Mill Run District, Pendleton County, West Virginia, and more particularly described as follows:

A certain parcel of land located in Mill Run District; Pendleton County, West Virginia, situated on the west side of U.S. Route 220 approximately in Upper Tract, WV, approximately 5 miles south of the Grant County line and ,more particularly described by metes & bounds as follows:

BEGINNING at a 24″ white oak on eastern side of property, corner to Kevin & Ali Judy and Jerry W. Alt; thence with Alt,

S 67-10-48 E, 22.47 feet, to a 3/4″ rebar (set) In the line of Alt and at edge of 60 foot U.S. Route 220 R.O.W.; thence leaving Alt and with R.O.W. and four new lines of division,

S 37-13-54 W, 79.51 feet, to a 3/4″ rebar (set) at edge R.O.W., referenced by center of drain at S 30-48-28 W, 114.7 feet; thence leaving R.O.W, and with Judy, N 51-09-49 W, 125.32 feet, to a 3/4″ rebar (set); thence, N 61-29-08 E, 127.27 feet, to a 3/4″ rebar (set); thence,

S 81-40-06 E, 52.75 feet, to a 3/4″ rebar (set) in an original property line and near a fence line; thence, S 33-10-12 W, 71.30 feet to the POINT OF BEGINNING, containing 0.260 acres, more or less, as surveyed by Geary Associates, Mark C. Geary PE, PS#1523, Petersburg, West Virginia on August 23, 2004, as shown on the plat attached hereto and made a part of this description.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: HC 62 Box 34-2, Upper Tract, WV 26866.

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: $3500.00 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. 57712

1-18-2c