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 3, 2009, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book No. 490, at Page 272 and reformed in Document No. 90143, in Book No. 396, at Page 176, Crystal L Gaudio did convey unto Richard A. Pill and David D. Pill, 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 BANK OF AMERICA, N.A. to foreclose thereunder, will offer for sale at public auction at the front door of the Brooke County Courthouse in Wellsburg, West Virginia, on
January 26, 2024 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 THAT CERTAIN PARCEL OF LAND SITUATED IN CROSS CREEK DISTRICT, BROOKE COUNTY, WEST VIRGINIA, ON THE NORTH SIDE OF WHAT IS KNOWN AS THE WELLSBURG-WASHINGTON TURNPIKE AND BEING A PART OR PARCEL OF A TRACT OF LAND OF SOME 8.80 ACRES MORE OR LESS CONVEYED TO ROBERT F. PARK, BY DEED BEARING THE DATE THE 27TH DAY OF APRIL 1932, FROM HENRY O. PARK, ET AL, WHICH SAID DEED IS OF RECORD IN THE DEED RECORDS OF BROOKE COUNTY, WEST VIRGINIA, IN DEED BOOK 63, AT PAGE 468.
THE PART OR PARCEL OF THE SAID 8.80 ACRES MORE OR LESS HEREBY GRANTED AND CONVEYED IS THAT CERTAIN LOT KNOWN, NUMBERED AND DESIGNATED BY THE NUMBER FOUR (# 4) OF A PLAN OF LOTS ENTITLED R F PARK ADDITION, A PLAT OF WHICH SAID ADDITION IS OF RECORD IN THE DEED RECORDS OF BROOKE COUNTY, WEST VIRGINIA, IN DEED BOOK NO 110 AT PAGE 484, CONTAINING 0.45 ACRES, MORE OR LESS, TO WHICH SAID PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF THE PROPERTY HEREBY GRANTED AND CONVEYED.
IT IS UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT THERE IS RESERVED ALONG THE ENTIRE WESTERN BOUNDARY LINE OF THE TRACT OF LAND OR LOT HEREBY CONVEYED A STRIP OR PARCEL OF LAND 10 FEET IN WHICH IS A RIGHT OF WAY OR EASEMENT FOR PURPOSE OF INGRESS, EGRESS AND REGRESS TO AND FROM THE SAID PUBLIC ROAD KNOWN AS THE WELLSBURG-WASHINGTON PIKE AND THE PROPERTY HEREBY GRANTED AND CONVEYED ALONG WITH OTHER PROPERTIES IN THE SAID ROBERT F. PARK ADDITION PLAN OF LOTS, THIS RIGHT OF WAY TO BE A PUBLIC RIGHT OF WAY FOR THE USE AND BENEFIT OF THE GRANTEES HEREIN, THEIR HEIRS, EXECUTORS, AND ASSIGNS, AND AS WILL THE OWNERS OF OTHER LOTS OR PARCELS OF LAND OF THE SAID ROBERT F. PARK ADDITION PLAN OF LOTS AND TO BE AND BELONG TO THE OWNERS, THEIR HEIRS, EXECUTORS AND ASSIGNS OF THE SEVERAL TRACTS OR PARCELS OF LAND IN SAID ADDITION.
THERE IS ALSO FURTHER HEREBY GRANTED AND CONVEYED TO THE GRANTEES HEREIN, NAMELY WILLIAM A. SELLERS AND PAULINE SELLERS, HIS WIFE, THEIR HEIRS, EXECUTORS AND ASSIGNS, A RIGHT OF WAY OR EASEMENT ON, OVER, THROUGH AND ACROSS THAT CERTAIN 20 FOOT ROADWAY FROM THE SAID WELLSBURG-WASHINGTON TURNPIKE AND THROUGH THE 8.80 ACRE TRACT OF LAND OF THE SAID ROBERT F. PARK AS CONVEYED TO HIM AS AFORESAID BY A DEED DATED APRIL 27, 1932, FROM HENRY O. PARK, ET AL, OF WHICH SAID ROADWAY THE 10 FOOT STRIP ABOVE MENTIONED AND DESCRIBED OFF THE WEST SIDE OF THE PROPERTY HEREBY GRANTED AND FORMS A PART THEREOF. IT BEING UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES HERETO THAT THE SAID 20 FOOT ROADWAY IS TO BE A PUBLIC ROADWAY AND IS FOR THE PURPOSE OF INGRESS, EGRESS AND REGRESS TO AND FROM THE SAID WELLSBURG-WASHINGTON TURNPIKE AND THE TRACTS, PARCELS, OR LOTS LAID OUT BY THE SAID ROBERT F. PARK FROM THE 8.80 ACRE TRACT AS AFORESAID AND IS FOR THE PURPOSE OF THE USE AND BENEFIT OF THE OWNERS OF EACH AND EVERY TRACT THEREOF, AND SAID RIGHT TO EXTEND TO AND BELONG TO THE OWNERS OF THE SEVERAL TRACTS, THEIR HEIRS, EXECUTORS OR ASSIGNS.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 110 Park Addition, 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: $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
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 69017
BCR 01/05 – 01/12/24