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 November 21, 2003, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 200300018680, in Book No. 789, at Page 324 and Order of Reformation recorded in Document No. 201600000724, in Book No. 44, at Page 787, Ryan J. Neeley and Carolyn Neeley did convey unto Lenders First Choice, 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 4, 2014 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 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
September 7, 2016 at 10:00 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Fairmont City District, Marion County, West Virginia, and more particularly described as follows:
ALL THAT CERTAIN PROPERTY SITUATED IN THE COUNTY OF MARION, AND STATE OF WEST VIRGINIA, BEING DESCRIBED AS FOLLOWS:
PART OF LOTS NUMBER NINE (9) AND NUMBER TEN (10) OF BLOCK NUMBER THIRTY-EIGHT (38) OF THE FAIRMONT DEVELOPMENT COMPANY ADDITION, A MAP OR PLAT OF WHICH ADDITION WAS RECORDED IN THE YEAR 1892, IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 59, AT PAGES “A” TO “E”, WHICH PARTS FROM A TRUE RECTANGLE 40 FEET BY 100 FEET AND IS SITUATE WITH 40 FOOT FRONTAGE ON SEVENTH STREET, IN THE CITY OF FAIRMONT, AND 100 FEET ALONG WALNUT AVENUE, AND IS FORMED OF CROSS SECTIONS, 40 FEET DEEP, ON THE FRONT OF SAID LOTS NOS. 9 AND 10 OF SAID BLOCK NO. 38.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 701 Walnut Ave, Fairmont, WV 26554.
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: $4,000.00 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. 25848
Times: August 19, 26, 2016
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Trustee Sale – Neeley
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