| TRUSTEE'S SALE |
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated July 26, 2000, and duly recorded in the Office of the Clerk of the County Commission of Putnam County, West Virginia, in Book No. 504, at Page 15 and modified in Document No. 002514450002, in Book No. 881, at Page 133, Marsha Lynne Hopkins did convey unto James E. Garvin, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated September 22, 2014 and recorded in the aforesaid Clerk's office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by 21st Mortgage Corporation to foreclose thereunder, will offer for sale at public auction at the front door of the Putnam County Courthouse in Winfield, West Virginia, on January 27, 2015
at 1:30 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Scott District, Putnam County, West Virginia, and more particularly described as follows:
All that certain lot, tract or parcel of land, together with the improvements thereon, situate in Scott District, Putnam County, West Virginia, and being known, numbered and designated as all of Lot No. One (1), Barrington Woods, Section Two (2), as shown on that certain map entitled, "BARRINGTON WOODS SECTION TWO", dated October 13, 1995, prepared by Roger K. Randolph, R.P.E. #6246, of Randolph Engineering Company, Inc., Scott Depot, WV, of record in the office of the Clerk of the County Commission of Putnam County, West Virginia, in Plat Cabinet C, at Slide 486, together with the non-exclusive right to use, in common with others, that certain 40' right of way, known as Barrington Drive, for the purpose of ingress and egress, to and from the property herein conveyed and West Virginia Secondary Route 46, known as Poplar Fork Road.
And being the same property conveyed unto Marsha Hopkins by deed dated this 27th day of December, 1999 by Eric R. Vaughan and Kristy L. Vaughan to be recorded simultaneously recorded herewith.
The parties of the first part do further GRANT and CONVEY unto the party of the second part, their successors and assigns in title, the non-exclusive right to use, in common with others, that certain 40' right of way, known as Barrington Drive, for the purpose of ingress and egress, to and from the property herein conveyed and West Virginia Secondary Route 46, known as Poplar Fork Road.
There is expressly EXCEPTED and RESERVED from this conveyance a five (5) foot wide utility easement along all (front, rear, and side) property lines. No building shall be located nearer than ten (10) feet to an interior (side) property line, nearer than twenty (20) feet to the rear property line, or nearer than twenty-five (25) feet from the front line, as shown on the aforesaid plat.
This conveyance is made subject to the terms and conditions, as contained in that certain instrument entitled, "DECLARATION OF PROTECTIVE COVENANTS AND RESERVATIONS FOR BARRINGTON WOODS A RESIDENTIAL SUBDIVISION SITUATE IN SCOTT DISTRICT, PUTNAM COUNTY, WEST VIRGINIA", a copy of which is of record in the aforesaid Clerk's Office in Miscellaneous Book 41, at page 386; and is further subject to the "FIRST AMMENDMENT" to said declaration dated July 18, 1995, of record in the aforesaid Clerk's office in Miscellaneous Book 42, at page 91. By the acceptance of this deed, the parties of the second part, their heirs, successors and assigns in title, agree to the provisions of the same including, but not limited to, the requirement that they shall become a member of the Barrington Woods Homeowners Association and pay their proportionate share of the maintenance and upkeep of the streets and common areas in said subdivision.
This conveyance is made subject to all the restrictions, reservations and conditions as may be contained in prior deeds in the chain of title.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 131 Barrington Woods, Scott Depot, WV 25560.
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: $9,000.00 in cash and/or certified funds as deposit 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.
6108 Mid Atlantic Drive
Morgantown, WV 26508
Toll free: (888) 534-3132
Reference File No. 2865