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 July 30, 2008, and duly recorded in the Office of the Clerk of the County Commission of Mingo County, West Virginia, in Book No. 0411, at Page 504, James A. Bandy and Glenna M. Bandy did convey unto Janet Phillips, 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 August 4, 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 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, to foreclose thereunder, will offer for sale at public auction at the front door of the Mingo County Courthouse in Williamson, West Virginia, on September 11, 2017 at 12:00 noon the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Magnolia District, Mingo County, West Virginia, and more particularly described as follows: THAT CERTAIN LOT, PIECE OR PARCEL OF REAL ESTATE, LOCATE AND SITUATE ON MATE CREEK, MAGNOLIA DISTRICT, MINGO COUNTY, WEST VIRGINIA, AND DESCRIBED AS FOLLOWS, TO-WIT: LOT NUMBER ONE HUNDRED SEVENTY-SEVEN (177) OF RED JACKET JUNIOR SUBDIVISION NO. 1, AS THE SAME IS SHOWN AND DESIGNATED UPON THAT CERTAIN MAP OF SAID SUBDIVISION MADE BY RED JACKET COAL CORPORATION. MAP 16, PARCEL 23. TAX ID: 9341 BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY DEED FROM BETTY SUE FITZGERALD, EXECUTRIX ESTATE OF FRANCES P. CHAFIN, DECEASED TO JAMES A. BANDY and GLENNA M. BANDY HUSBAND AND WIFE JOINT TENANTS, DATED 05/19/2005 RECORDED ON 06/01/2005 IN BOOK 0407, PAGE 713 IN MINGO County RECORDS, STATE OF WV. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 970 Mate Creek Rd, Matewan, WV 25678. 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: $6000.00 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. 53485 LH-55277 8-23-30-17
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