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 April 30, 2008, and duly recorded in the Office of the Clerk of the County Commission of Mingo County, West Virginia, in Book No. 0410, at Page 045, Donald J. Birchfield and Jessica F. Birchfield did convey unto Robert L. Shuman, 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 July 19, 2017, 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 Federal National Mortgage Association to foreclose thereunder, will offer for sale at public auction at the front door of the Mingo County Courthouse in Williamson, West Virginia, on August 28, 2017 at 12:00 noon the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Stafford District, Mingo County, West Virginia, and more particularly described as follows: That certain parcel, piece, tract, or lot of real estate, together with all the rights, privileges, easements, and appuitenances thereunto belonging, situate, lying, and being in Stafford District, Mingo County, West Virginia, and being more particularly described as follows, towit: "Beginning at an Iron Pin (IP), said IP being S87.10-38E 69.82' from the Ross Cline, Ronnie Mounts, Charles Paynter comer; thence continuing S87 -10'-38"E 89.37' to an IP near a gas line marker; thence S19 -16'-15" W 113.14' to a 22" Walnut tree; thence N65%I6'-09"W 91.93' to an IP; thence N23 -27'-55"E 79.31' to an IP the place of beginning, containing 0.20 Acres." A copy of map styled "Map of Survey for Teny Vance, Scale: 1" - 20', prepared by Edwin R. Lester, Surveyor, dated April, 1985. And being the same property conveyed to Willie Smith, Jr., and Rosetta Smith, husband and wife, by Terry Vance and Kathy Vance, husband and wife, and Georgia Paynter and Charles Paynter, her husband, by deed dated September 22, 1999, and recorded in the Office of the Clerk of the County Commission of Wyoming County, West Virginia, in Deed Book No. 370, at page 557. Rosetta Smith died January 17, 2007, thus vesting title in the name of Willie Smith, Jr., by virtue of the joint tenancy clause found in the above referenced deed. Willie Smith, Jr, then remarried Ella Smith. And being the same property conveyed to Donald J. Birchfield and Jessica F. Birchfield, husband and wife, by Willie Smith, Jr, and Ella Smith, husband and wife, by deed dated April 30, 2008, and recorded May _, 2008, in the Office of the Clerk of the County Commission of Mingo County, West Virginia, in Deed Book No. __, at page. At the time of the execution of the Deed of Trust, this property was reported to have an address of: HC 88 Box 500A, Baisden, WV 25601. 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: $7000.00 in cash and/or certified funds as deposit at the time of sale 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. 55412 LH-54835 8-8,15; 2017
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