TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on December 19, 2005, in the Office of the Clerk of the County of Commission of Randolph County, West Virginia, in Book No. 405 at Page 756, David A. Brenwalt did convey unto Carl H. Cather, III, Esq., as Original Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Elk River Trustees Inc., as Substitute Trustee by virtue of a Substitution of Trustee recorded on May 1, 2024, in Book 636 at Page 661 in the aforesaid Clerk’s Office; the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said Deed of Trust to sell the real estate described below, as there has been a default under the terms and conditions of said Deed of Trust. Therefore, the undersigned Substitute Trustee having been instructed by NewRez, LLC d/b/a Shellpoint Mortgage Servicing to foreclose thereunder will offer for sale, at a public auction at the front door of the Randolph County Courthouse in Elkins, West Virginia, on
June 5, 2024 at 11:30 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Leadsville District, Randolph County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
All of that certain parcel of real estate situate in Leadsville District, Randolph County, West Virginia, together with all appurtenances and improvements situate thereon and thereunto belonging, and more particularly bounded and described as follows:
Lot No. 58 in Teaberry Hills, II, as shown on a plat; Tax Map 30, Parcel 4.
And being the same real estate conveyed to David A. Brenwalt by virtue of a deed from Jon R. Basil, dated the l9 day of December, 2005, and to be presented for recordation simultaneously herewith.
There is excepted and reserved from this Deed a five foot easement inside the boundary lines of said lot, together with ingress and egress to and from the same, for the purposes of any and all utility installations, maintenance or removal, including but not limited to necessary right of way across the rear of said lot for sewer line.
This conveyance is made subject to those certain covenants, conditions, restrictions and easements set forth in that deed from Pamela S. Basil to Jon R. Basil, dated August 3, 2000, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 473, at page 569.
This conveyance is made subject to any and all reservations, restrictions, exceptions, rights of way and easements as set forth in prior instruments of record in the chain of title to said real estate.
This property was reported to have an address of: 789 Teaberry Hills Lane, Elkins, West Virginia 26241.
The above referenced real estate will be conveyed with no covenants of warranty and subject to any and all easements, rights of way, conditions, covenants, restrictions, exceptions, reservations, leases and other servitudes, which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground. The sale of the referenced real estate will also be subject to all prior liens and including any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the subject Deed of Trust.
The subject property will be sold in an “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
In the event that there are federal tax liens against the property, the United States has the right to redeem the property within a period of one hundred twenty (120) days from the date of the sale. The Substitute Trustee reserves the right to adjourn the sale for a time, or from time to time, without further notice, by announcement at the time and place of the foreclosure sale described herein.
TERMS OF SALE
1. $4,000.00 (Four Thousand Dollars) in cash and/or certified funds made payable to “Elk River Trustees, Inc.” due as a deposit at the time of sale, with the balance due and payable within thirty (30) days of sale. Personal checks will not be accepted.
2. The purchaser at the sale shall be responsible for payment of all real estate taxes.
3. The purchaser shall be responsible for payment of the recording cost of the deed and also for payment of the tax on the privilege of transferring the real property (transfer tax) imposed by West Virginia Code § 11-22-2.
4. The parties secured by the Deed of Trust reserve the right to purchase the property at the foreclosure sale.
ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 24-00490
May 15, 2024; May 22, 2024