NOTICE IS HEREBY GIVEN that by virtue of a Deed of Trust, Assignment of Rents and Leases, Security Agreement & Fixture Filing dated January II, 2023 and recorded January 18, 2023 (the âDeed of Trustâ), made by Dominic Heuscher to Arthur M. Standish and Herschel Hampton Rose, IV, Trustees, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5078, at Page 7110, and amended by that certain Amendment to Deed of Trust, Assignment of Rents and Leases, Security Agreement & Fixture Filing dated October 14, 2024 and effective October 15, 2024 of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5084, at page 1060 to secure MJD Developments, LTD, care of Servicer Nuvida Funding, LLC, in the payment of the sum of $366,810.29, evidenced by a negotiable promissory note bearing even date therewith, and MJD Developments, LTD being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustee named in the Deed of Trust and the undersigned, Sarah C. Ellis and/or Daniel V. Baker, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk's office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by MJD Developments, LTD, care of Servicer Nuvida Funding, LLC, the owner and holder of said note, said Substitute Trustee, on
WEDNESDAY,
OCTOBER 29, 2025 AT
12:00 P.M. EASTERN TIME
will offer for sale and sell at public auction at 255 Lakeside Drive, Daniels, WV 25832, to the highest bidder therefor, all that certain lot or parcel of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Shady Springs District, Raleigh County, West Virginia, being more particularly bounded and described as follows:
The surface only of Lot 20, Block 10, Uplands Subdivision, Glade Springs Village, Shady Springs District, Raleigh County, West Virginia, as the same is shown on a map or plat of said subdivision recorded in Book 5017, on page 1731.
More commonly referred to as 255 Lakeside Drive, Daniels, West Virginia 25832.
Being the same property conveyed to Dominic J. Heuscher by deed dated November 29, 2011, from Justice Holdings, LLC, a West Virginia limited liability company, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 5045, at page 2048.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashiers check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the âGood Faith Depositâ), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property.
The Subject Property shall be sold âAS ISâ and âWITH ALL FAULTS.â The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be home by the foreclosure purchaser from and after the at the time of sale. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale. Joe R. Pyle Auction Service will assist with the sale and shall require a 10% buyer's premium payable directly to Joe R. Pyle Auction Service at the sale. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustees reserve the right to reject any or all bids. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall he announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest hidden If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: September 17, 2025.
SARAH C. ELLIS, as Substitute Trustee
and not individually
PO. Box 1588
Charleston, West Virginia 25326
(304)353-8127
[email protected]