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 February 26, 2003, and duly recorded in the Office of the Clerk of the County Commission of Cabell County, West Virginia, in Document No. 155823, in Book No. 1819, at Page 185, Rita Smith and Michael Smith did convey unto Janet Phillips, 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 September 6, 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 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 Fourth Avenue Entrance of the Cabell County Courthouse in Huntington, West Virginia, on October 18, 2016 at 1:30 PM the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Barboursville District, Cabell County, West Virginia, and more particularly described as follows: THE FOLLOWING DESCRIBED REAL ESTATE, TO-WIT: TRACT #1 ALL THAT CERTAIN REAL ESTATE SITUATE IN BARBOURSVILLE DISTRICT, CABELL COUNTY, WEST VIRGINIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF HASH RIDGE ROAD WHICH POINT IS DISTANT, S. 42 DEG 08 MIN E., 17.93 FEET, FROM ANOTHER POINT, WHICH POINT IS DISTANT S. 36 DEG 52 MIN E., 125.98 FEET FROM ANOTHER POINT, WHICH POINT IN TURN IS DISTANT S. 30 DEG 19 MIN E., 253.18 FEET FROM ANOTHER POINT, WHICH IN TURN IS DISTANT S. 66 DEG 28 MIN E., 62.43 FEET FROM ANOTHER POINT WHICH POINT IN TURN IS DISTANT S. 82 DEG 01 MIN E., 20.69 FEET FROM A POST SET AT THE NORTHERLY CORNER OF THE TRACT OF LAND CONVEYED TO HAROLD L. DOLEN BY NORMAN WILSON SHEPHERD AND WIFE BY DEED DATED AUGUST 9, 1968, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF CABELL COUNTY OF WEST VIRGINIA, IN DEED BOOK 669 AT PAGE 350; THENCE WESTERLY 162 FEET TO A POINT IN THE SOUTH LINE OF GRAVELED PRIVATE ROAD; THENCE WITH THE EASTERLY LINE OF SUCH ROAD NORTHERLY 80 FEET TO A POINT WHICH IS DISTANT ALONG SUCH ROAD 337 FEET FROM ANOTHER POINT WHICH POINT IS IN TURN S. 82 DEG 01 MIN E., 20.69 FEET FROM THE POST ABOVE MENTIONED; THENCE AT RIGHT ANGLES TO SUCH GRAVEL ROAD 126 FEET, MORE OR LESS TO THE WESTERLY LINE OF HASH, RIDGE ROAD; THENCE ALONG SAID ROAD 88 FEET TO THE POINT OF BEGINNING. TRACT #2 ALL THAT CERTAIN REAL ESTATE SITUATE IN BARBOURSVILLE DISTRICT, CABELL COUNTY, WEST VIRGINIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LOT CONVEYED TO PATRICIA GOOCH BY DEED DATED APRIL 27, 1970, RECORDED IN DEED BOOK 688, AT PAGE 560, THENCE WITH THE WEST LINE OF HASH RIDGE ROAD S. 42 DEGREES 08 MIN E. 60 FEET TO A STAKE; THENCE IN A WESTERLY DIRECTION, PARALLEL TO THE SOUTH LINE OF THE LOT CONVEYED TO PATRICIA GOOCH, TO THE EAST LINE OF A GRAVELED PRIVATE ROAD; THENCE NORTHERLY WITH THE EAST LINE OF SUCH PRIVATE ROAD TO THE SOUTHWEST CORNER OF THE GOOCH LOT; THENCE EASTERLY WITH THE SOUTH LINE OF THE GOOCH LOT 162 FEET MORE OR LESS TO THE POINT OF BEGINNLNG. MAP 12J AND PARCEL 7. BY FEE SIMPLE DEED FROM JERRY LEE SUMMERS, UNMARRIED AS SET FORTH IN BOOK 1075, PAGE 50, DATED 01/31/2001 AND RECORDED 01/31/2001, COUNTY RECORDS, STATE OF WEST VIRGINIA. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1712 Swann Dr., Barboursville, WV 25504. 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: $4000.00 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. 46625 LH-46695 9-28; 10-5; 2016
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