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 October 25, 2016, and duly recorded in the Office of the Clerk of the County Commission of Grant County, West Virginia, in Document No. 2016004036, in Book No. 272, at Page 402, Nicholas Arnold did convey unto Douglas McElwee, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a Quicken Loans Inc. to foreclose thereunder, will offer for sale at public auction at the front door of the Grant County Courthouse in Pe- tersburg, West Virginia, onJanuary 23, 2025 at 12:00 PM

the following described real estate, together with its improvements, easements and appurtenances there unto belonging, situate in 05 - Union District, Grant County, West Virginia, and more particularly described as follows:

All of that certain tract or parcel of real estate, together with any and all improvements, rights of ways and appurtenances thereunto belonging, lying and situate in Union District, Grant County, West Virginia, and being designated as Lot 46, Section B and being more particularly bounded and described as follows:

“Lot No. 46 of Section B - Beginning at an iron pin corner to Lots 46 and 57 at edge of road, thence with edge of road S 62- E 115.0’ to an iron pin, thence S289W90.0’toanironpin corner to Lots 46 and 47, thence with division line of said lots N 62s W. 115.0’ to an iron pin corner to Lots 47, 56 and 57, thence with division line of Lots 46 and 57 N 289 E 90.0’ to the be- ginning, containing 10,350 square feet.”

This being the same tract or parcel of real estate conveyed Nicholas Arnold by Diane S. Judy and John A. Day in that deed dated the 25th day of October 2016, and recorded among the records of the Grant County Clerk’s Office immediately prior to the recordation of this deed of trust.

Said tract of real estate is identified on the 2016 Grant County Land Records in Union District, Grant County, West Virginia, on Tax Map 226A, Parcel 118.

Reference is hereby made to all instruments in the chain of title for any and all pertinent purposes.

The following provisions, restrictions, exception and reservations are more particularly set forth in prior deeds in chain of title and now incorporated herein:

“There is also hereby granted and conveyed by the said parties of the first part to the said parties of the second part the right to use in common with other land owners and their heirs and assigns, the certain easements and rights of ways with the rights and privileges in connection therewith as contained and set out in said deed dated September 18,1965, and reference is hereby made to said deed for a full and complete description of same and the contents thereof to have the same force and effect as though textually incorporated here-in.

It is understood and agreed and as part of the consideration for this conveyance that this conveyance is expressly made subject to the following provisions, conditions, restrictions, and covenants, and which shall apply with like force and effect upon the grantees herein, their heirs and assigns, and shall be considered as covenants running with the land.

1. It is understood and agreed between the parties hereto that the lot hereby conveyed is sold strictly for residential and recreational purposes and no business or commercial enterprise or profession of any kind or character shall be permitted or constructed on said lot hereby conveyed.

2. No livestock or poultry shall be kept or raised on said lot hereby conveyed at this time.

3. Any dwelling or outbuilding erected on said lot shall be of substantial construction and no dwelling shall be erected thereon which shall cost less than $4,000.00, and no house trailer shall be placed permanently on said lot herby conveyed which cost less than $5000.00; providing, however, that temporary housing or use of a house trailer might be made for a period of not exceeding one year from the date of this deed to permit the grantees to construct or obtain permanent house as herein provided.

4. No septic tank or other sewage disposal system shall be constructed or maintained on said lot herby conveyed without first obtaining approval from proper authorities of West Virginia Department of Health.

5. All buildings and other improvements placed on said lot shall be maintained in good condition; and that the owner or use of said lot shall keep same in an orderly and neat manner so as to make the general appearance of same attractive.

6. No dwelling, building or structure or any parr thereof erected on the said lot herein conveyed shall extend closer than 20 feet to the edge of any street, right of way or road on which this lot fronts or adjoins, and no dwelling, building, or structure or any part hereof shall extend closer than 5 feet to any property line or lines, except that this provision shall not be construed to prevent the owner of two adjoining lots from locating his or her dwelling or other structures or buildings on parts of both lots.

7. The said grantors do hereby grant and convey to the said grantees, their heirs and assigns, the right to use in common the streets and rights of way as shown on said plat to be recorded, such rights to be in common with lot owners of both Sections A and B; and it is further understood and agreed that the grantors herein are not liable or obligated to maintain or repair said right of way, roads and/or streets.

The said Grantors do further hereby grant and convey to the said Grantees an area hereinafter mentioned to be used in common with other lot owners, their heirs and assigns, of both Sections A and B as shown on said plat for the purpose of ingress and egress only to VEPO Lake, and this grant and conveyance is only the necessary part or parts of the rights reserved in that certain deed from A. DeWitt Cosner, et al. to Virginia Electric and Power Company dated January 31, 1962, and of record in said Clerk’s Office in Deed Book No. 70 at page 212, and which rights will here in after be set out verbatim, and which rights were given the Grantors herein in that deed aforesaid dated September 18, 1965, and recorded in Deed Book No. 81 at page 480, but it is specifically understood and agreed that this conveyance is applicable only to the area between the front lot lines of Lots Nos 9 and 10 in Section A and extending from said lot lines in a direct line to the water level of the Lake; and that it is further specifically under- stood and agreed that the right of ingress and egress herein granted to said Lake does not grant or convey any rights and privileges as to the area between the front property lines of Lots Nos 11 and 12 of Section A extending in a direct line to said Lake water level, and that Grantors herein, their heirs and assigns, reserve the right of ingress and egress over and across the area herein conveyed in front of Lots Nos 9 and 10 so as to reach by foot or vehicular traffic Lots Nos 11 and 12 of Section A.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 64 Sunburnt Locust Dr, Mount Storm, WV 26739.

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 va- cate said property.

TERMS: $6000.00 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 prop- erty 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. 88816

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