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 22, 2019, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Document No. 85494, in Book No. 582, at Page 114, and corrected in Document No. 116847(AFF), in Book No. 427, at Page 390, Gregory A Preston and Amber Preston did convey unto Capital Funding Title Agency, LLC, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by MidFirst Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Brooke County Courthouse in Wellsburg, West Virginia, on
March 31, 2023 at 10:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 04 – Cross Creek District, Brooke County, West Virginia, and more particularly described as follows:
Beginning at an iron pin near the center of the County Road, said pin being located in the line between lands of John Brown and the Walker Farm, thence with the center of the County Road S. 61° 30’ E. 375.3 feet to an iron pin; thence leaving said road, and through the lands of John Brown, S. 28° 30’ W. 263.4 feet to a stake in a fence line between lands of John Brown and the Walker Farm; thence with said fence line N. 26° 30’ W. 458.2 feet to the place of beginning, and containing 1.13 acres of land, more or less. (Less exceptions)
Save and excepting that certain parcel of land containing .36 acre, more or less, conveyed to Ronald J. Starr, Jr. and Deborah S. Starr by Deed from John L. Latimer and Mary A. Latimer dated 9/29/1972 and recorded in Deed Book 191 at Page 11, in the Office of the Clerk of the County Commission of Brooke County, WV.
Also Save and excepting that certain parcel of land containing .25 acre, more or less, conveyed to Larry William Geary and Kathleen Ann Geary by Deed from John L. Latimer and Mary A. Latimer, dated 10/14/1972 and recorded in Deed Book 191 at Page 174, in the Office of the Clerk of the County Commission of Brooke County, WV.
The above-described property is commonly known as: 271 Walker Rd., Follansbee, WV 26037
BEING the same property conveyed to James H. McCullough and Mary Alice McCullough by Deed from John L. Latimer and Mary A. Latimer dated 01/01/1974 and recorded in Deed Book 196, Page 501 in the Office of the Clerk of the County Commission of Brooke County, West Virginia. The said James H. McCullough died testate on 01/17/2013, Last Will and Testament dated 03/24/1988, recorded in Will Book 25, Page 155, devising property to Mary Alice McCullough, The said Mary Alice McCullough, aka Mary McCullough died intestate on 12/28/2017. Estate probated and recorded in Book 28 at Page 266 on 8/23/2018 in the Office of the Clerk of the County Commission of Brooke County, West Virginia. Final Settelemtn filed 11/28/2018, devising property to CANDICE L. OWENS and BECKY L. LOEWE.
Grantor has no actual knowledge or reason to believe that the property, the substrata, or subsurface of the property has been used for storage, treatment or disposal of hazardous waste or contains an underground storage tank or tanks.
This conveyance is made subject to the restrictions, reservations and exceptions, rights of way, covenants and conditions set forth on the plat of said subdivision and in prior deeds of conveyance in the chain of title from which it derives.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 271 Walker Rd, Follansbee, WV 26037.
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: $9000.00 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. 82366
BCR 02/17 – 02/24/23