The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated August 30, 2004, and duly recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Document No. 64248, in Book No. 374, at Page 628, David A. Eversole, Sr. did convey unto George H. Mantakos and Robert P. Warr, 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 February 1, 2016 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
June 2, 2016 at 11:15 a.m.
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Sherman District, Hampshire County, West Virginia, and more particularly described as follows:
Situate in Sherman District, Hampshire County, West Virginia, more particularly bounded and described as follows:
“Bell Hollow Estates” and being designated as Tract No. 3 on a plat or map of said subdivision made by Frank A. Whitacre, Licensed Land Surveyor, No. 506, which said plat or map is of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Plat Book No. 4, at page 111. Reference is now made to said plat or map for any and all pertinent purposes and specific reference is hereby made for a surveyed description of the real estate being conveyed herein.
Said property is conveyed subject to easements and rights-of-way for utility service and distribution.
Said property is further conveyed subject to those certain “Restrictive Covenants and Conditions for Bell Hollow Estates,” which provide for the dedication of roadways within the subdivision and also impose certain restrictive covenants and conditions which affect the tract or parcel of real estate being hereby conveyed, and same are therein stated to attach to and run with the land. Said instrument is of record in said Clerk’s Office in Deed Book No. 286, at page 326, and the provisions thereof are incorporated into this deed as though the same appeared textually verbatim herein.
It is understood and agreed between the Grantors and the Grantees herein that, for and in the consideration hereinbefore set forth, the Grantors are conveying unto the Grantees the mineral rights in and to the 4.006 acre tract or parcel of real estate, the subject of this conveyance. It is further understood and agreed between the parties hereto that the Grantors do further, for and in the consideration hereinbefore set forth, assign, set over, convey and transfer, unto the Grantees herein, all of the Grantors’ rights, title and interest in and to any delayed rentals or royalties arising out of and oil and gas lease that might be currently in effect as same would relate to the larger tract or parcel of real estate, of which subject real estate is a portion. This conveyance of mineral rights and assignment of leasehold benefits shall rebate only to the 4.006 acre tract or parcel of real estate being hereby conveyed.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 3 Jake Ruckman Road, Augusta, WV 26704.
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: $6,000.00 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. 40258
5-18-2c