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 December 3, 2003, and duly recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Document No. 2003510921, in Book No. 701, at Page 418, Richard Allen Berkhouse and Velda Lynn Berkhouse did convey unto Janet Phillips, 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 January 12, 2018, 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 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, to foreclose thereunder, will offer for sale at public auction at the front door of the Fayette County Courthouse in Fayetteville, West Virginia, on February 27, 2018 at 9:30 a.m. the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Plateau District, Fayette County, West Virginia, and more particularly described as follows: THE FOLLOWING DESCRIBED LOT OR PARCEL OF SURFACE LAND, TOGETHER WITH THE IMPROVEMENTS THEREON, RIGHTS INCIDENTAL THERETO AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE AT BROOKLYN, PLATEAU DISTRICT FAYETTE COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: LOT NO. 7 IN THAT CERTAIN PLAN OF LOTS, ENTITLED "BROOKLYN SUBDIVISION AS DEVELOPED BY SOUTHERN COALS CORP., BROOKLYN, FAYETTE COUNTY, WEST VIRGINIA, SCALE 1 " EQUALS 100' FEET JULY 13, 1957, BENNETT-NEAVE-THOMAS, ENGR. CO., OAK HILL, W, VA.", A MAP OF WHICH IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF FAYETTE COUNTY, WEST VIRGINIA, IN MAP BOOK 15, AT PAGE 19, TOGETHER WITH ALL RIGHTS AND EASEMENTS APPURTENANT THERETO, INCLUDING THE RIGHT TO USE IN COMMON WITH OWNERS OF OTHER LOTS, THE STREETS, ALLEYS AND WAYS ON SAID MAP SET FORTH. MAP 16R PARCEL 3. At the time of the execution of the Deed of Trust, this property was reported to have an address of: RR 1 Box 605, Fayetteville, WV 25840 aka 1454 Brooklyn Loop, Fayetteville, WV 25840. 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. 58821 2-14-WED-2; 107541
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PostedFebruary 07, 2018