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 February 21, 2007, in the Office of the Clerk of the County of Commission of Morgan County, West Virginia, in Book No. 303 at Page 399, Gary Lee Smith and Sharon Smith did convey unto Douglas McElwee, 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 dated August 18, 2022, and recorded in 490 at Page 29 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 U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust to foreclose thereunder will offer for sale, at a public auction at the front door of the Morgan County Courthouse in Berkeley Springs, West Virginia, on
July 17, 2024 at 11:30 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Timber Ridge District, Morgan County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
THE FOLLOWING DESCRIBED REAL ESTATE, WITH THE IMPROVEMENTS AND APPURTENANCES THEREUNTO, BELONGING, SITUATE IN TIMBER RIDGE DISTRICT, MORGAN COUNTY, WEST VIRGINIA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT;
LOT NUMBER FOUR (4) SECTION 1, OF THE SALEM VIEW SUBDIVISION, A PLAT OF SECTION 1 OF SAID SUBDIVISION BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MORGAN COUNTY, WEST VIRGINIA IN MAP BOOK 3, AT PAGE 63, TO WHICH PLAT REFERENCE IS MADE FOR A MORE PARTICULAR DESCRIPTION OF THE REAL ESTATE HEREIN CONVEYED.
Parcel/Tax I.D. #: M/P 14/3.8 TAX ID 14632
Commonly known as: 141 Salem View Lane, Berkeley Springs, WV 25411
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 141 Salem View Lane, Berkeley Springs, West Virginia 25411
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. $5,000.00 (Five 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/Fax: 304-241-6962
Reference file # 24-00896
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