| TRUSTEE'S SALE OF VALUABLE|
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated September 18, 2006, and duly recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book No. 3396, at Page 942, Brian Cunningham and Amanda D. Cunningham did convey unto Richard A. 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 by a Substitution of Trustee dated April 4, 2017, 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 Bank of America, N.A., to foreclose thereunder, will offer for sale at public auction at the front door of the Kanawha County Courthouse in Charleston, West Virginia, on May 16, 2017 at 4:30 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Union District, Kanawha County, West Virginia, and more particularly described as follows:
PARCEL ONE: Being all of Lot No. Nine (9), Section One (1) Brookside Village Subdivision, situate near Cross Lanes, Union District, Kanawha County, West Virginia, together with the right to use Hillbrook Drive for ingress and egress to and from said lot, as the same is shown and designated upon that certain map prepared by Cross Lanes Engineering Company, C. Russell Rader Jr., R.P.C.E. 6090, dated August 22, 1981, a copy of said map of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Map Book 35, at page 53.
PARCEL TWO: Being a part of Lot Eight (8), Section One (1 ), Brookside Village Subdivision, said lot or parcel of land hereby conveyed being shown upon a certain plat thereof entitled, "Plat Showing Part of Lot No. 8, From· a Map of Lots No. 7, 8 (revised), 9, 10, Brookside Village Situate on the Waters of Claybank Branch of Poca River, Cross Lanes, W.Va.", dated December 7, 1987, having been made by Ralph Adkins Licensed Land Surveyor, a copy of same being attached to deed of record in the aforesaid Clerk's Office in Deed Book 2202, page 478, and which lot is more particularly bounded and described as follows, to-wit:
Beginning at the common corner of Lots 8 and 9 on the southern right of way line of County Route 10 (Doe Bailey Road); thence S. 67° 19' E. 15 feet to a point; thence S. 03°17' 31" E. 271.48 feet to a point; thence N. 56° 12' W. 5 feet to a point; thence N. 05° 16' W. 275.20 feet to the place of beginning, the said lot or parcel of land hereby conveyed containing 2,364.55 square feet, and being a part of Lot No. 8, Section One (1), Brookside Village Subdivision.
PARCEL THREE: Being a tract and parcel of land adjacent to Lot 9, Section Brookside Village Subdivision, Union District, Kanawha County, West Virginia, more particularly bounded and described as follows, to-wit:
Beginning at an iron pin on the southwest corner of Lot 9, Section 1, Brookside Village Subdivision, set iron pin being located twenty (20) feet form the center line of Hillbrook thence N. 31° 39' W. 137.30 feet to an iron pin, thence N. 24° 23' W. 102.62 feet to an iron pin, thence 50°33' E. 30.80 feet to an iron pin located along county road Route 10; thence S. 22° 10' E. 253.35 feet to a pole, thence S. 53° 13' E. 5 feet to the place of beginning, all as shown on the map attached to deed of record in the aforesaid Clerk's Office in Deed Book 2202, page 269.
This conveyance is subject to those certain restrictive covenants and reservations as set out in the "DECLARATION OF PROTECTIVE COVENANTS AND RESERVATIONS PERTAINING TO LOTS IN BROOKSIDE VILLAGE SUBDIVISION SECTION 1, UNION DISTRICT, KANAWHA COUNTY, WEST VIRGINIA," dated August 21, 1980, of record in the aforesaid Clerk's Office in Deed Book 1952, page 624.
Each original owner and successor owner of the above described lots shall, by accepting title thereof, become a member of the Brookside Village Owners Association, Inc., a non-profit, non-stock corporation, whose purpose is to maintain the streets, roadways, sidewalks, subsurface drainage, etc. of Brookside Village Subdivision, including maintenance of Hillbrook Drive.
Parcel Three is made subject to the prohibition on the erection of any structure or other improvements upon the tract and parcel of land. This parcel is also subject to an easement and right of way to use the aforesaid tract for purposes necessary for roadway clearing and maintenance, utility easements and all other purposes reasonable and necessary for the benefit of owners in Brookside Village Subdivision.
This conveyance is made subject to an easement in, over, through and across all land located within twenty (20) feet of Bailey Road for the purpose of constructing, installing and maintaining utility lines, including but not being limited to water, sanitary sewer, telephone and electric.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 5398 Hillbrook Dr, Cross Lanes, WV 25313.
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
Toll free: (888) 534-3132
Reference File No. 52364