The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated July 15, 2004, and duly recorded in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Document No. 62697, in Book No. 371, at Page 107, Matthew L. Gregory and Pamela K. Gregory did convey unto Richard Pill, Trustee, 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 September 22, 2009 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 U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2004-10 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 9, 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:
All those certain tracts or parcels of real estate, containing in the aggregate 15.879 acres, more or less, situate in Sherman District, Hampshire County, West Virginia, more particularly described as follows:
PARCEL ONE: All of that certain tract or parcel of real estate, together with all buildings and improvements thereon, the approved septic system and a thirty foot (30’) right of way leading from the public Highway across the existing road to the tract herein conveyed, situate just off of West Virginia Secondary Route 10/5 (Brier Lick Road) in Sherman District of Hampshire County, West Virginia, containing 4.59 acres, more or less, and described according to metes and bounds as follows: Beginning at an iron rod located on the Kenneth Rexroad line, said iron rod being located S. 7 30 05 W. 300.00 feet from an iron rod corner of Kenneth Rexroad and Charles Combs, thence with the Kenneth Rexroad line, S. 7 30 05 W. 400.00 feet to an iron rod, a new corner with Charles A. Combs; thence three (3) new lines with Charles A. Combs, N. 84 18 10 W. 500.00 feet to an iron rod, N. 7 30 05 E. 400.00 feet to an iron rod, S. 84 18 10 E. 500.0 feet to the beginning, containing 4.59 acres.
PARCEL TWO: All that certain tract or parcel of real estate containing 15.879 acres, more or less, situate in the Sherman District of Hampshire County, West Virginia, together with the improvements thereon, and all rights, rights of way, easements waters, minerals oil and gas and appurtenances thereunto belonging, lying along the north side of Route 10/5 (Brier Lick Road) about 1/4 mile west of its intersection with Route 10 (Grassy Lick Road), said real estate being more particularly bounded and described by metes and bounds in a survey prepared by Frank A. Whitacre, LLS, dated April 2, 1981, which said Description of Survey and Plat are of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia, in Deed Book No. 305, at page 769, and same are hereby incorporated by reference for all proper and pertinent reasons, including a more particular metes and bounds description of said real estate. LESS, HOWEVER, the above described 4.59 acre parcel of real estate, leaving, for purposes of this transaction, 11.289 acres, more or less.
AND BEING the same real estate as was conveyed to Matthew L. Gregory and Pamela K. Gregory, his wife, under deed from Charles M. Combs and Hazel Gay Combs, his wife, dated October, 1998, of record in the Office of the Clerk of the County Commission of Hampshire County West Virginia, Deed Book No. 387, at page 565.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: HC77 Box 3, Kirby, WV 26755-9701.
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: $9,000.00 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. 43985
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