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 August 12, 2005, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book No. 441, at Page 300, Timothy B Giles and Robin M Giles did convey unto Pam Smoljanovich, 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 J.P. Morgan Mortgage Acquisition Corp. to foreclose thereunder, will offer for sale at public auction at the front door of the Brooke County Courthouse in Wellsburg, West Virginia, on
June 9, 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:
ALL OF TWO CERTAIN TRACTS OR PARCELS OF LAND SITUATE IN CROSS CREEK DISTRICT, BROOKS COUNTY, WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:
PARCEL NO. 1:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN CROSS CREEK DISTRICT, BROOKE COUNTY, WEST VIRGINIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT AN IRON PIN IN THE CENTER OF A 16 FOOT RIGHT OF WAY, SAID BEGINNING POINT BEARS WITH THE CENTER OF SAID 16 FOOT RIGHT OF WAY NORTH 69º 17’ WEST 12 FEET FROM THE NORTHWEST CORNER OF A 0.41 ACRE TRACT NOW OR FORMERLY OWNED BY GEORGE MCCARDEL, ET UX.; THENCE FROM SAID PLACE OF BEGINNING AND LEAVING SAID RIGHT OF WAY NORTH 69º 17’ WEST FOR A DISTANCE OF 18 FEET TO AN IRON PIN IN THE CENTER OF A TURNING CIRCLE HAVING A RADIUS OF 40 FEET; THENCE NORTH 41º 12’ WEST FOR A DISTANCE OF 229.53 FEET TO AN IRON PIN AND PASSING ON LINE AN IRON PIN AT PLUS 40 FEET; THENCE WITH A HIGHWALL AND THE LINE OF LANDS OWNED BY JOHN BROWN, NORTH 73º 34’ EAST 134 FEET TO AN EXISTING IRON PIN ON THE EDGE OF THE HIGHWALL; THENCE LEAVING THE HIGHWALL AND BROWN’S LAND WITH A LINE COMMON TO ROBERT BLAND SOUTH 68º 34’ EAST 121.10 FEET TO AN IRON PIN; THENCE LEAVING SAID LINE SOUTH 23º 00’ WEST 187.97 FEET TO THE PLACE OF BEGINNING AND PASSING ON LINE AND IRON PIN AT PLUS 153.02 FEET, CONTAINING 0.622 ACRES, MORE OR LESS, BY SUBJECT TO A PART OF A TURNING CIRCLE HAVING A RADIUS OF 40 FEET PIVOTED FROM THE CENTER OF THE CIRCLE CLOCKWISE FROM THE SOUTHWESTERLY PROPERTY LINE TO THE EAST PROPERTY LINE, CHORD DISTANCE OF 57.10 FEET TO BE USED IN COMMON WITH ADJOINING LAND OWNERS.
FOR THE CONSIDERATION AFORESAID, THE PARTIES OF THE FIRST PART FURTHER GRANT AND CONVEY UNTO THE SAID PARTIES OF THE SECOND PART, TAHT CERTAIN 16 FOOT AND 12 FOOT RIGHT OF WAY FROM THE CENTER OF THE AFORESAID CIRCLE TO THE ELDERSVILLE ROAD (ALTERNATE 27) AS A MEANS OF INGRESS AND EGRESS WITH ADJOINING LAND OWNERS, SAID RIGHT OF WAY BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF THE ABOVE-MENTIONED TURNING CIRCLE; THENCE WITH THE CENTER OF A 16 FOOT RIGHT OF WAY SOUTH 69º 27’ EAST 301.40 FEET TO THE CENTER OF A16 FOOT RIGHT OF WAY; SOUTH 69” 27’ EAST 301.40 FEET OT THE CENTER OF A 12 FOOT RIGHT OF WAY; THENCE SOUTH 69º 17’ EAST 270 FEET, MORE OR LESS, TO THE ELDERSVILLE ROAD.
THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIVE AND PROTECTIVE COVENANTS AND RESTRICTIONS WHICH SHALL RUN WITH THE LAND:
- THAT THE SAID TRACT OR PARCEL OF LAND CONVEYED HEREBY SHALL BE USED FOR SINGLE FAMILY RESIDENTIAL DWELLING PURPOSES ONLY, AND THAT ONLY ONE SUCH SINGLE FAMILY DWELLING SHALL BE CONSTRUCTED, ERECTED AND MAINTAINED UPON SAID TRACT OR PARCEL OF LAND.
- THAT NO RESIDENCE SHALL BE BUILT UPON SAID TRACT OR PARCEL OF LAND TO COST, WHEN COMPLETED, LESS THAN FIFTEEN THOUSAND (15,000.00) DOLLARS. THERE SHALL BE NO TRAILERS, MOBILE HOMES OR OTHER STRUCTURES OF A NONPERMANENT NATURE PLACED OR ERECTED ON SAID PROPERTY.
PARCEL NO. 2:
SITUATE IN CROSS CREEK DISTRICT, BROOKE COUNTY, WEST VIRGINIA, AND BEING A DESCRIPTION OF A TRIANGULAR PARCEL OF LAND LOCATED WEST OF THE FOLLANSBEE-ELDERSVILLE ROAD, (ALTERNATE 27) AND EAST OF ALLEGHENY RUN, ALSO BEING A PART OF A 1.68 ACRE TRACT OWNED BY ROBERT BLAND, RECORDED IN DEED BOOK 161, PAGE 256, IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF BROOKE COUNTY, WEST VIRGINIA, FORMERLY BEING A PART OF THE LANDS OF JOHN C. BROWN, ET UX., DEED BOOK 43, PAGE 472.
BEGINNING AT AN IRON PIN FOUND AT THE MOST WESTERLY CORNER OF THE GRANTORS 1.66 ACRE TRACT. SAID IRON PIN BEING A COMMON CORNER TO A 0.622 ACRE TRACT OWNED BY ROBERT E. PORTER, ET UX., DEED BOOK 200, PAGE 235; THENCE FROM SAID PLACE OF BEGINNING AND ALONG A HIGHWALL AND WITH THE GRANTORS WESTERLY LINE, NORTH 72º 30’ EAST 155.37 FEET; THENCE THRU THE GRANTORS LANDS SOUTH 21º 19’ WEST 94.08 FEET TO AN IRON PIN FOUND AT THE NORTHEAST CORNER OF THE ROBERT E. PORTER 0.622 ACRE TRACT AND PASSING ON LINE AN IRON PIN SET ON TOP OF THE HIGHWALL AT PLUS 17.16 FEET; THENCE WITH THE GRANTORS SOUTH LINE AND WITH THE NORTH LINE OF THE R.E. PORTER 0.622 ACRE TRACT, NORTH 70º 15’ WEST 121.10 FEET TO THE PLACE OF BEGINNING, CONTAINING 5,694 SQUARE FEET, MORE OR LESS, BEARING ON THE R.E. PORTER NORTH LINE BEING NORTH 68º 34’ WEST AND BEING A COMMON LINE TO ROBERT BLAND.
TAX PARCEL IDS: C11P/0050, C15B/0019
ADDRESS: 136 FOREST LN.
FOLLANSBEE, WV 26037
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 136 Forest Lane, 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: $3500.00 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
Toll free: (888) 534-3132
Reference File No. 85009
BCR 05/05 – 05/12/23