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 November 20, 2018, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Document No. 82779, in Book No. 579, at Page 277, Charles S McDermott and Isabel McDermott did convey unto Seneca Trustees, Inc., 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 AmeriSave Mortgage Corporation to foreclose thereunder, will offer for sale at public auction at the front door of the Brooke County Courthouse in Wellsburg, West Virginia, on
September 22, 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:
The land referred to herein below is situated in the City of Colliers, County of Brooke, State of West Virginia, and is described as follows:
A certain six (6) parcels of land, combined herein for the purpose of this description, located along the easterly side of St. John’s Road, situate in the Cross Creek District of Brooke County, West Virginia, bounded and being more particularly described as follows:
Beginning at a point located in or near the center of the traveled part of St. John’s Road at its intersection with the most western corner of the 0.393 acre parcel of land that was conveyed to Edward L. Donley and Nancy L. Donley, his wife by a deed dated on the 16th day of November, 1971 and recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia in Deed Book 187 at page 36, and defined as second parcel therein.
Thence, from the said place of beginning, leaving the said road, and now with the southerly line of the above referenced 0.393 acre Donley parcel of land, S. 65º 15’ E. passing an iron bar found on line at 40.00 feet, passing an iron bar set on line at 143.00 feet, passing an iron bar set on line at 311.20 feet, for a total distance of 456.43 feet to a found iron bar. Thence, leaving the last mentioned parcel of land, and now with the lands of the 69.49 acre tract that was conveyed to Gary Lee Loar and Sandra Lee Loar, his wife, by a Deed recorded in the said Clerk’s Office in Deed Book 218 at 129, S. 48º 21’ W. for a distance of 242.40 feet to a found axel. Thence, with the lands of the said 69.49 acre tract, S. 11º 45’ E. for a distance of 236.90 feet to a set iron bar. Thence, leaving the said Loar tract of land, and now with the northerly line of the 9.72 acre tract of land that was conveyed to Larry Carl Arnett and Patricia Ilene Arnett, as Trustees of the 1998 Arnett Family Trust Agreement, by a Deed dated on the 2nd day of September, 1998, and recorded in the said Clerk’s Office in Deed Book 281 at page 636 and defined as Parcel II therein, N. 65º 15’ W. passing an iron bar set on line at 117.60 feet, passing an iron bar set on line at 262.65 feet, passing an axel found on line at 480.45 feet, for a total distance of 500.45 feet to a point located in or near the center of the traveled part of St. John’s Road. Thence, leaving the said 9.742 acre Arnett tract of land, and now with the center part of the traveled part of the said road, N. 24º 45’ E. for a distance of 412.50 feet to the place of beginning, containing 3.960 acres, more or less, as shown upon a plat attached hereto and intended to be made a part of this description.
Being all of the same five (5) parcels of land that were conveyed to Ralph Mill, Jr. and Audrey Mills, his wife, by a Deed dated on the 18th day of May, 1967 of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 168 at page 296 and defined as Lot No. 6, 7, 8, 9 and 10 of the E. E. Bowen Plan. Also being, all of the 0.3693 acre tract of land that was conveyed to Ralph A. Mills and Audrey L. Mills, his wife, by a Deed dated on the 7th day of August, 1975 and recorded in the said Clerk’s Office in Deed Book 203 at page 418 and defined as the south one half of Lot No. 5, and also as Tract No. II therein. The above described parcel of land is made subject to the right of way for that part of S. John’s Road that is now included within its boundary lines.
There is excepted and reserved from the above-described parcels a right of way through the southerly side of said parcels which provides egress and ingress from St. John’s Road to the above-mentioned M. J. Riel 69.49 more or less acres tract.
There is also hereby excepted all the coal underlying all the above-described tracts, together with all mining rights appurtenant thereto.
Parcel ID: CC15 0051 0000 0000 and CC15 0050 0000 0000
This being the same property conveyed to Charles S. McDermott and Isabel McDermott, husband and wife, as joint tenants with right of survivorship from Roy W. Mills, and Patricia I. Mills nka Patricia Arnett, Co-Executors of the Estate of Audrey L. Mills, in a Deed dated July 7, 2017, and recorded July 10, 2017, in Deed Book 376, Page 50 and Instrument Number 69917.
Property Commonly Known As: 1360 Saint Johns Road, Colliers, WV 26035
County of Brooke
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1360 Saint Johns Rd, Colliers, WV 26035.
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. 85961
BCR 08/18 – 08/25/23