TRUSTEE'S SALE OF VALUABLE REAL ESTATE

Nov 06 09 - 01:12 PM

The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated the 25th day of March, 2005, and duly recorded in the Office of the Clerk of the County Commission of Logan County, West Virginia, in Trust Deed Book 518, at page 131, David A. Lovejoy did convey unto Richard A. Pill and David D. 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 September 17, 2009 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 the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Logan County Courthouse in Logan, West Virginia, on November 24, 2009 at 4:15 o'clock pm the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Island Creek District, Logan County, West Virginia, and more particularly described as follows:

All that certain tract or parcel of land situate, lying and being in Sandy Bottom, on Main Island Creek, in Island Creek District, Logan County, West Virginia, and more particularly described as follows:

BEGINNING at a stake and corner to land now or formerly owned by Dale Abraham in the Chesapeake and Ohio Railway right of way and running back with the line of Dale Abraham to another stake at the edge of Main Island Creek; thence running with the meanders of said Main Island Creek up the creek a distance of 93 feet to another stake in the edge of the creek; thence running a straight line back to a stake in the Chesapeake and Ohio Railway right of way a distance of 93 feet to the beginning corner, and containing one half (1/2) acres, to be the same more or less.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: Route 44, Omar, WV 25638.

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 (cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estates 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: $5,000.00 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., 965 Hartman Run; Road, Suite 1105, Morgantown, WV 26505; (304) 413-0044; Toll free: (888) 534-3132

Reference File No. 20-020677-09
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