| TRUSTEE'S SALE OF VALUABLE REAL |
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated October 10, 2003, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 3061, at Page 826, Michael Scites did convey unto Vance Golden, Attorney, 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 July 2, 2012 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 JPMorgan Chase Bank, National Association to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on October 6, 2014 at
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Chas W District, Kanawha County, West Virginia, and more particularly described as follows:
ALL THAT CERTAIN LOT OR PARCEL OF LAND, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE AND BEING IN THE CITY OF CHARLESTON, KANAWHA COUNTY, WEST VIRGINIA, AND BEING A PORTION OF LOT NO. THIRTY-NINE (39) OF GLENWOOD HEIGHTS ADDITION, AN ADDITION IN AND TO SAID CITY OF CHARLESTON, AS SET OUT AND SHOWN ON A MAP OR PLAT ENTITLED, "GLENWOOD HEIGHTS", WHICH MAP OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF KANAWHA COUNTY, WEST VIRGINIA, IN MAP BOOK 2, AT PAGE 15, AND WHICH SAID TRACT OF LAND IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SOMERSET DRIVE, FORMERLY EDGEWOOD AVENUE, SAID POINT BEING IN SAID LINE OF SAID SOMERSET DRIVE A FRONT COMMON CORNER BETWEEN LOTS NOS. 39 AND 40 OF SAID GLENWOOD HEIGHTS; THENCE ALONG THE NORTHWESTERLY LINE OF SOMERSET DRIVE S. 28° 00' W. 40 FEET TO A POINT IN SAID LINE, FRONT COMMON CORNER BETWEEN LOTS NOS. 39 AND 38 IN GLENWOOD HEIGHTS; THENCE LEAVING SOMERSET DRIVE AND WITH THE DIVISION LINE BETWEEN LINE BETWEEN SAID LOTS NOS. 39 AND 38, N. 62° 00' W. 120 FEET TO A POINT IN SAID LINE; THENCE LEAVING THE AFORESAID COMMON DIVISION LINE AND RUNNING ACROSS LOT NO. 39, N. 28° 00' E. 40 FEET TO A POINT IN THE DIVISION LINE BETWEEN THE AFOREMENTIONED LOTS NOS. 40 AND 39 OF GLENWOOD HEIGHTS; THENCE WITH A PORTION OF THE DIVISION LINE BETWEEN SAID LOTS 40 AND 39, S. 62° 00' E. 120 FEET TO THE PLACE OF BEGINNING.
AND BEING THE SAME REAL ESTATE CONVEYED UNTO MICHAEL SCITES, BY MATTHEW J. FARRELL AND KIMBERLY A. FARRELL, HIS WIFE, BY DEED DATED OCTOBER 10, 2003, AND TO BE RECORDED IN THE AFORESAID CLERK'S OFFICE SIMULTANEOUSLY HEREWITH AS PART OF THIS TRANSACTION.
THE PROPERTY CONVEYED IS SUBJECT TO THAT CERTAIN JOINT DRIVEWAY EASEMENT CREATED IN THAT CERTAIN DEED BY AND BETWEEN J. A. GREENLEE AND ETHEL GREENLEE, HIS WIFE, M. H. BOWYER AND A. V. GREENLEE AND RUTH GREENLEE, HIS WIFE, DATED THE 15TH DAY OF APRIL, 1930, WHICH SAID DRIVEWAY RUNS ALONG THE SOUTHERLY LINE OF THE ABOVE DESCRIBED LAND AS SHOWN AND SET OUT ON THE MAP ATTACHED TO AND MADE A PART OF THAT CERTAIN DEED FROM H. A. PAINTER AND NETTIE G. PAINTER, HIS WIFE, TO H. H. VINCENT AND ANNE R. VINCENT, HIS WIFE, DATED AUGUST 28, 1961, AND OF RECORD IN THE AFORESAID CLERK'S OFFICE IN DEED BOOK 1342, AT PAGE 201.
THIS CONVEYANCE IS FURTHER SUBJECT TO THE JOINT DRIVEWAY AND GARAGE MAINTENANCE AGREEMENT DATED APRIL 14, 1987, BY AND BETWEEN LARRY E. DEARMAN AND PAMELA K. DEARMAN, HIS WIFE, AND SPENCER K. WHITE, OF RECORD IN THE AFORESAID CLERK'S OFFICE IN DEED BOOK 2160, AT PAGE 212.
FOR THE CONSIDERATION AFORESAID, THE PARTIES OF THE FIRST PART FURTHER GRANT UNTO THE PARTIES OF THE SECOND PART AS JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP, THE RIGHT TO USE THAT PORTION OF THE AFORESAID DRIVEWAY SITUATE ON LOT 38 OF GLENWOOD HEIGHTS IN COMMON WITH THE OWNERS OF THE AFORESAID LOT NO. 38.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 817 Somerset Dr., Charleston, WV 25302.
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: $7,000.00 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. 21696