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 June 11, 2013, and duly recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Document No. 25153, in Book No. 523, at Page 786, Lisa M Minger and Carol Jean Bushovisky did convey unto Thomas C. Stewart, 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 Wells Fargo Bank, 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, onJanuary 3, 2025 at 10:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 06 – WEIRTON District, Brooke County, West Virginia, and more particularly described as follows:
All that certain parcel of land situate in the City of Weirton, County of Brooke and State of West Virginia bounded and described as follows:
All that certain parcel or tract of land situate in the City of Weirton, Brooke County, West Virginia, which is known and designated as Lot No. 1 in a Plan of Subdivision for Starvaggi Industries, Inc., said plan which appears of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, as Instrument Number 64-4534 and recorded on September 28, 2007. Said lot being more particularly bounded and described as follows:
Beginning at a 1/2 inch iron pin set at the southeast corner of a 0.71 acre tract nor or formerly owned by D. & J. Developments, Inc. and which appears of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 218, Page 25; said iron pin being in the westerly line of a 19.839 tract as was conveyed to the Kroger Company and which appears of record in the office aforesaid in Deed Book 268, Page 45; thence from said beginning point and with the westerly line of the aforementioned Kroger 19.839 acre tract the following seven (7) bearings and distances:
(1) South 44º-52’-30” West for 124.86 feet to an iron pin found; thence
(2) South 29º-10’-30” West for 137.86 feet to an iron pin found; thence
(3) South 20º-46’-30” West for 110.45 feet to an iron pin found; thence
(4) South 01º-20’-30” West for 153.97 feet to an iron pin found; thence
(5) South 04º-51’-07” East for 346.96 feet to an iron pin found; thence
(6) South 43º-37’-00” West for 71.18 feet to an iron pin found; thence
(7) South 32º-20’-30” West for 27.36 feet to a concrete right of way monument in the North right of way line for U.S Route 22;
thence continuing with said right of way line for U.S Route 22 the following five (5) bearings and distances:
(1) South 49º-12’-17” West for 430.11 feet to a concrete monument found; thence
(2) South 40º-54’-08” East for 98.91 feet to a concrete monument found; thence
(3) South 49º-19’-01” West for 295.98 feet to a concrete monument found; thence
(4) South 72º-24’-45” West for 434.46 feet to a concrete monument found; thence
(5) North 66º-32’-21” West 164.42 feet to a 1/2 inch pin set at the corner of the right of way fence for U.S. Route 22, and also being common to lands of the City of Wierton, said tract which appears of record in the office aforesaid in Deed Book 123, Page 261; thence leaving said R/W line and with the easterly line of the aforesaid City of Weirton tract, North 21º-48”-43’ East for 45.13 feet to an iron pin set; thence through land of the Grantor the following five (5) bearings and distances:
(1) North 77º-06-35” East for 555.93 feet to a point; thence
(2) North 19º-17’-17” East for 890.96 feet to a point; thence
(3) North 15º-57’-30” West for 89.50 feet to point; thence
(4) North 02º-02’-30” East for 175.00 feet to a point; thence
(5) North 30º-32’-30” East for 348.50 feet to a point on the right of way line of Palomino drive (45.0’ R/W); thence continuing with the R/W line of Palomino Drive, South 55º-07’-30” East for 22.50 feet to a point; thence with the easterly R/W line of Palomino Drive, North 34º-52’-30” East for 100.00 feet to a 1/2 inch iron pin set at the southwest corner of the aforesaid 0.71 acre tract now or formerly owned by D. & J. Developments, Inc.; thence with the southerly line of the aforesaid 0.71 acre tract, South 55º-07’-30” East for 238.18 feet to the place of beginning.
CONTAINING 9.953 ACRES, MORE OR LESS.
Subject to all restrictions, reservations, conditions, exceptions, and stipulations as set forth in prior deeds of conveyance.
Being the same property as transferred by deed dated 12/03/2007, recorded 12/07/2007, from Starvaggi Industries, Incorporated, a West Virginia Corporation, to Paul A. Minger and Lisa M. Minger, husband and wife, as joint tenants with rights of survivorship and the survivor of them, and to his or her heirs and assigns forever, recorded in book 320, page 773.
Under and subject to lease with Fortuna Energy, its successors and assigns, for oil and gas.
Under and Subject to right of way for power lines, gas lines, telephone lines and all other easements and rights of way which would be visible by an inspections of the premises or contained in or referred to by the deeds previously recited, and any other deed of record.
ALSO UNDER AND SUBJECT to an exclusive easement for ingress and egress, installation of utilities, maintenance of the easement and all utilities, in and over a strip of land 20 feet in width, the center of which is described as follows:
Beginning at a 1/2 inch iron pin set at the southeast corner of a 0.71 acre tract now or formerly owned by D. & J. Developments, Inc., which appears of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 218, Page 25; said iron pin being in the westerly line of a 19.839 acre tract as was conveyed to the Kroger Company and which appears of record in the office aforesaid in Deed Book 268, Page 45; thence from said beginning point and with the southerly line of the aforesaid 0.71 acre tract, North 55º-7’-30” West for 238.18 feet to a 1/2 inch iron pin set on the easterly R/W line of Palomino Drive (45.0’ R/W); thence with the easterly R/W line of Palomino Drive, South 34º-52’-30” West for 100.00 feet to a point; thence North 55º-07’-30” West for 22.50 feet to a point which shall be the true place of beginning for the 20 foot easement; thence from said beginning point, South 30º-32”-30’ West for 348.50 feet to a point; thence South 02º-02’’-30’ West for 175.00 feet to a point; thence South 15º-57’-30” East for 179.00 feet to a point; thence South 02º-02’-30” West for 20.0 feet to a point being the center of a cul-de-sac, having a radius of 20 feet.
The use of the easement shall be for the benefit of the Grantee and maintenance of the easement, including utilities, shall be the responsibility of Grantee.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 35 Palomino Dr, Weirton, WV 26062.
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. 83487
BCR 12/06 – 12/13/24