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 31, 2007, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book No. 469, at Page 820, Daniel E Keener and Cassandra J Keener did convey unto Stephen L. Thompson of Kanawha County, 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 Wilmington Trust, National Association, not in its individual capacity, but solely as trustee for MFRA Trust 2014-2 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 03 – Buffalo District, Brooke County, West Virginia, and more particularly described as follows:
ALL those certain two (2) tracts or parcels of land situate in Buffalo District, Brooke County, West Virginia, and more particularly bounded and described as follows:
PARCEL NO. 1: Beginning at the intersection of the easterly line of Buffalo Street with the southerly line of LaBelle Street; thence with the said southerly line of LaBelle Street, N. 65° 22’ E. 66 feet to the northwesterly corner of Lot Numbered Nine (9); thence N. 70° 49’ E. 16 feet to a point; thence crossing said Lot Numbered Nine (9), S. 16° E. 126.55 feet to a point in the northerly line of Lindsay Lane; thence with the northerly line of Lindsay Lane, N. 87° 05’ W. 68.73 feet to the easterly line of Buffalo Street; thence with the easterly line of Buffalo Street; N. 26° 36’ W. 94.74 feet to the place of beginning, together with the buildings and improvements thereon and thereunto belonging.
It is intended to describe all of Lot Numbered Ten (10) and the westerly part of Lot Numbered Nine (9), fronting 16 feet on LaBelle Street and 5.3 feet on Lindsay Lane as shown on the map of Marshall Terrace, which map is recorded in the office of the Clerk of the County Commission of Brooke County, West Virginia in Deed Book No. 39, at Page No. 155.
Further the grantor hereon grants and conveys to the said grantee, her heirs, successors and assigns the water rights to a certain well including all water from said well to the use and benefit of the property herein conveyed and which said well is located on a parcel of land situate in Buffalo District, being the East 50 feet of that certain lot of land that is designated by the Number Nine (9) on the General Plan of Marshall Terrace and which said lot adjoins that parcel of land herein conveyed. It is understood and agreed that the said grant of water rights herein shall include the free and uninterrupted right of way to and from said well and the pipe lines leading from the same, with the right at all times to repair and maintain said well, and the subterranean right of laying, maintaining, repairing and otherwise protecting the water pipe at al times leading from said well on Lot Numbered Nine (9) to the property herein conveyed.
PARCEL NO. 2: Being the East Fifty (50) feet of that certain lot of land that is designated by the No. Nine (9) on the General Plan of Marshall Terrace, which said plat is recorded as aforesaid. Said lot fronts Fifty (50) feet on LaBelle Street and extends southwardly a uniform width to Lindsay Lane.
This conveyance is made subject to all the restrictions and reservations contained in the deed of Harlan McCord to G.R. Waddell, bearing date the 22nd of May, 1920, and recorded in the aforesaid County Clerk’s office in Deed Book No. 49, at Page No. 317.
BEING the same property conveyed to Lisa Kay Stewart and Kevin Scott Stewart, husband and wife, by deed from Diana L. McGowan, single, by deed dated September 5, 1995, and recorded in the aforesaid Clerk’s office in Deed Book 272, at page 64.
Subject, nevertheless, to all of the exceptions, restrictions, reservations and conditions set forth on all plats and in all prior deeds of conveyance by, through, and under which the said Grantor derives and claims title and which are properly of record in the aforesaid Clerk’s Office.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: Rd 1 Box 58, Wellsburg, WV 26070.
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: $5000.00 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. 63363
BCR 08/25 – 09/01/23