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 June 23, 2010, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 201000008210, in Book No. 981, at Page 112 and re-recorded in Document No. 201000008793, in Book No. 981, at Page 859, Gary A. Newman and Cynthia K. Newman did convey unto Mary B. Sansalone and Susan L. Petrella, Trustees, 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 August 20, 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 U.S. Bank National Association to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
October 18, 2016 at 10:00 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Winfield District, Marion County, West Virginia, and more particularly described as follows:
All of those certain lots or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, situate in Winfield District, Marion County, County, West Virginia, on the waters of Pricketts Creek, shown on a map or plat made by Denzil E. Carpenter, Licensed Land Surveyor No. 104 of West Virginia dated June 13,1973, showing lots and a true copy of which is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book No. 771, at page 32, and to which reference is made for all pertinent purposes and which lots are more particularly bounded and described as follows:
FIRST PARCEL: A PART OF LOT NUMBER (4), shown on said map or plat, and Beginning at a stake or point a common corner of Lot No. 4 and Lot No. 5 on the western side of the line of the 25 feet wide right of way and roadway shown on said map or plat, and running thence with a division line between said lots, N. 82° 30′ W. 152.5 feet to a point in Pricketts Creek, another common corner to Lots No. 4 and 5; thence running with said Creek, S. 7° 30′ W. 50.00 feet to a point in said Creek; thence running with a line parallel to said first mentioned line and 50.00 feet west therefrom, S. 82° 30′ E., about 152.5 feet to a stake or point at the western side and line of said 25 feet wide right of way and roadway; and thence running with said line of said right of way and roadway, N. 7° 30′ E. 50.00 feet to the place of beginning.
Together with a right of way and easement for water drain line within, under and across at and near the norther lines of said Lot No. 3 and Lot No. 4 as shown on said map or plat referred to and within, under and across said 25 feet wide right of way and roadway shown on said map or plat and extending from said lots to Pricketts Creek.
SECOND PARCEL: A PART AND STRIP OF LOT NUMBER FOUR (4) shown on said map or plat as follows: Beginning at a stake or point which is a common comer to the parts and portions of said Lot No. 4 now or formerly owned by Richard H. Hall and Anna B. Hall and James B. Witt and Virginia Mae Witt on the western side or line of the 25 feet wide right of way and roadway shown on said map or plat and running thence with the division line of said parts and portion of said Lot No. 4 now or formerly owned by Richard H. Hall and Anna B. Hall and James B. Witt and Virginia Mae Witt, N. 82° 30′ W. 152.5 feet more or less to a point in Pricketts Creek, another common corner to said parts and portions now or formerly owned by the by Richard H. Hall and Anna B. Hall and James B. Witt and Virginia Mae Witt; thence running with said creek, S. 7° 30′ W. 15.00 feet to a point in said creek in the western line of said Lot No. 4; thence running with a line parallel to said first line hereinabove mentioned and 15.00 feet distant therefrom, S. 82° 30′ E. approximately 152.5 feet more or less, to a stake or point at the western side or line of said 25 feet wide right of way and roadway; and thence running with said line of said right of way and roadway, N. 7° 30′ E. 15.00 feet to the place of beginning.
There is excepted and reserved for the use and benefit of Lots 3 and 9 right of way and easement for a water drain line within, under and across at and near the southern line of the above strip of Lot No. 4 shown on said map or plat referred to, and within, under and across said 25 feet wide right of way and roadway shown on said map or plat and extending from said lots to Pricketts Creek.
THIRD PARCEL: LOT NUMBER FIVE (5), shown on said map or plat, and BEGINNING at a stake or point a common corner of Lot No. 4 and Lot No. 5, on the western side and line of the 25 feet wide right of way and roadway shown on said map or plat, and running thence with the division line between said Lot No. 4 and Lot No. 5, N. 82° 30′ W. 152.5 feet to a point in Pricketts Creek, another common corner to Lot No. 4 and Lot No. 5; thence running with said Creek, N. 7° 30′ E. 107.5 feet to a point in said Creek, a common corner to Lot No. 5 and Lot No. 6; thence running with division line of Lot No. 5 and Lot No. 6, S. 82° 30′ E. 153.5 feet to a stake or point at the western side and line of said 25 feet wide right of way and roadway, at another common corner to said Lot No. 5 and Lot No. 6; and thence running with said western line of said right of way and roadway, S. 7° 30′ W. 107.5 feet to the place of beginning, containing an area of 16,453 square feet, more or less.
Together with a right of way and easement for water drain line within, under and across at and near the northern lines of said Lot No. 2 and Lot No. 5 as shown on said map or plat referred to and within, under and across said 25 feet wide right of way and roadway shown on said map or plat and extending from said lots to Pricketts Creek.
FOURTH PARCEL: A PART OF LOT NUMBER SIX (6), shown on said map or plat, and BEGINNING at a stake or point a common corner of Lot No. 5 and Lot No. 6, on the western side or line of the 25 feet wide roadway and right of way shown on said map or plat, running thence with a division line between said lots, N. 82° 30′ W. 153.5 feet to a point in Pricketts Creek, another common corner to Lots Nos. 5 and 6; thence running with said Creek, N 7° 30′ E. 50.00 feet to a point in said Creek; thence running with a line parallel to said first mentioned said line and 50.00 feet west therefrom, S. 82°30′ E., about 153.5 feet to a stake or point in the western side and line of said 25 feet wide right of way and roadway; and thence running with said line of said right of way and roadway, S. 7 degrees 30’ W. 50.00 feet to the place of beginning.
Together with a right of way and easement for water drain line within, under and across at and near the northern lines of said Lot No. 2 and Lot No. 5 as shown on said map or plat referred to and within, under and across said 25 feet wide right of way and roadway shown on said map or plat and extending from said lots to Pricketts Creek.
There is further excepted and reserved from all of said parcels of real estate all coal and mining rights and privileges which have heretofore been transferred and sold. There is also excepted and reserved from all of said parcel the one-half part of the oil and gas with the right to drill and carry away the same, the same having been reserved by aforementioned deeds.
The properties are subject to electrical transmission lines easements and rights of way as shown on the aforementioned map or plat and which may hereafter be re-located as shown on the plat.
The use of said lots are subject to those certain restrictions and covenants running with the land that only valuable residence shall be erected on said land and no trailers or modular homes shall be erected thereon or placed or kept thereon and that no inexpensive or inferior structures or house or trailer, shed, shack or shop shall be built, erected, placed, permitted or allowed to be used on said real estate to cause a devaluation of other properties in said neighborhood as set forth in prior deeds and to which deeds reference is hereby made for a more particular description and detail.
This conveyance is further expressed made subject to all other reservations, rights of way, easements, covenants, conditions, agreements, limitations and exceptions set forth in prior deeds comprising the chain of title and by which the Grantor is bound in the ownership thereof insofar as the same are now in force and effect.
At the time of the execution of the Deed of Trust, this property was reported to have an address of:
Rt 4 Box 683 A, 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: $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. 46888
Times: September 12, 19, 2016
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Newman Trustee Sale
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