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 January 3, 2007, and duly recorded in the Office of the Clerk of the County Commission of Pendleton County, West Virginia, in Book No. 113, at Page 186, Larry Todd Raines and Melissa Raines did convey unto Ben Brown, 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 July 11, 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 Wells Fargo Financial West Virginia, Inc. to foreclose thereunder, will offer for sale at public auction at the front door of the Pendleton County Courthouse in Franklin, West Virginia, on

August 17, 2016

at 3:30 PM

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

THAT CERTAIN TRACT OR PARCEL OF REAL ESTATE CONTAINING 9.60 ACRES LYING AND BEING SITUATE IN UNION DISTRICT, PENDLETON COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED ON A PLAT OF SURVEY AND DESCRIPTION OF SURVEY ATTACHED HERETO AND MADE A PART HEREOF.

DESCRIPTION OF SURVEY. A TRACT OF LAND LOCATED ON THE EAST SIDE OF NORTH FORK AND ONE HAL MILE SOUTH OF SENECA ROCKS IN UNION DISTRICT, PENDLETON COUNTY, WV, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A 5/8″ REBAR SET ON THE LINE OF LAND JOINTLY OWNED BY PATSY HEDRICK, KATHRYN BENNETT AND MARY RAINES; THENCE, WITH SAID TRACT S 58-11-38 W 424.42 FEET TO A 5/8″ REBAR SET; THENCE, WITH TWO NEW DIVISION LINES THROUGH MARY AND LARRY RAINES’ 52.01 ACRE TRACT

N 37-26-05 W 937.25 DOWNHILL AND CROSSING TWO RIGHT-OF-WAYS TO A 5/5″ REBAR SET ON THE TOP OF THE BANK OF NORTH FORK; THENCE,

N 09-13-11 W 98,46 FEET DOWN THE BANK TO A POINT IN NORTH FORK; THENCE, DOWN NORTH FORK N 56-01-58 E 599.62 FEET TO A POINT IN THE RIVER, CORNER OF KIMBERLY ARBAUGH; THENCE, WITH TOW OF HER LINES S 07-20-24 E 136.83 FEET TO A 5/8″ REBAR SET ON TOP OF THE BANK; THENCE, S 27-50-04 E 923.92 FEET UPHILL AND CROSSING TWO RIGHT-OF-WAY TO THE BEGINNING AND CONTAINING 12.14 ACRES, MORE OR LESS, AS SURVEYED AND CALCULATED BY THOMAS W. FIROR, PROFESSIONAL SURVEYOR. A 2.54 ACRE TRACT IS INCLUDED WITHIN THIS BOUNDARY LEAVING A NET ACREAGE OF 9.60 ACRES. A RIGHT-OF-WAY IS CONVEYED TO PROVIDE INGRESS FROM AND EGRESS TO U.S. ROUTE 33. TWO RIGHT-OF-WAYS ARE RESERVED ACROSS THIS TRACT AS SHOWN ON THE ATTACHED PLAT. A WATER RIGHT IS CONVEYED FOR THE SPRING LOCATED ON THE ARBAUGH TRACT. THE GRANTORS DO FURTHER GRANT AND CONVEY UNTO THE GRANTEES, THEIR HEIRS AND ASSIGNS, A RIGHT OF WAY FOR INGRESS AND EGRESS TO THE REAL ESTATE HEREIN CONVEYED AS SHOWN ON THE PLAT ATTACHED HERETO.

THIS CONVEYANCE IS MADE SUBJECT TO THE RESERVATION OF TWO SEPARATE RIGHT OF WAYS AS SHOWN ON THE ATTACHED PLAT. THE RIGHT OF WAY ADJACENT TO THE NORTH FORK RIVER SHALL BE FOR THE BENEFIT OF PATSY A. HEDRICK’S 5.19 ACRE TRACT AND FOR THE BENEFIT OF THE 15.25 ACRE TRACT TO BE CONVEYED TO KIMBERLY ARBAUGH AND STEVEN ARBAUGH. THE OTHER RIGHT OF WAY SHOWN ON THE ATTACHED PLAT SHALL BE FRO THE BENEFIT OF THE REMAINING REAL ESTATE OWNED BY PATSY A. HEDRICK, KATHRYN L. BENNETT AND MARY K. RAINES. THE GRNTORS DO FURTHER GRANT AND CONVEY UNTO THE GRANTEES. THEIR HEIRS AND ASSIGNS, THE RIGHT TO OBTAIN WATER FROM A SPRING LOCATED ON THE 15.5 ACRE TRACT TO BE CONVEYED TO KIMBERLY ARBAUGH AND STEVEN ARBAUGH AS SHOWN ON THE ATTACHED PLAT THE GRANTEES SHALL HAVE THE RIGHT TO MAINTAIN SAID SPRING, INSTALL AND MAINTAIN ANY NECESSARY RESERVOIRS AND WATER LINES TO THE GRANTEES REAL ESTATE.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: HC 73, Box 1A, Seneca Rocks, WV 26884 AKA 450 Bear Foot Rd, Seneca Rocks, WV 26884.

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. 45701

7-21-2c