NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated August 4, 2022, executed by Borrower, Michael Kukoleck, to Douglas McElwee, the Trustee of record in the office of the Clerk of the County Commission of Braxton County, West Virginia, in Book 269, at Page 354. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 4873 Guardian Dr, Diana, WV 26217. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 5, 2025, of record in the Clerk’s Office in Book 4, Page 687. The borrower defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Braxton County, in Sutton, West Virginia, on the following date:
21st day of November, 2025 at 11:30 a.m.
Land situated in the County of Braxton in the State of WV BEGINNING at Corner 1, a 5/8-inch by 30-inch rebar with a yellow plastic cap, hereinafter referred to as a “rebar” (set) on the south edge of a 40-foot right-of-way (r/w) for WV Primary Route 15, in a line of USA`s tract #656 (DB 264/262) from which Reference 1, a 5/8-inch rebar with an aluminum cap (656-2) bears N 38° 47` 41 “E, at 444.76 feet; thence leaving USA and with said r/w for six (6) calls S 63° 59` 15″ E, 395. 96 feet to Corner 2, a point; thence S 57° 48` 02″ E, 334.78 feet to Corner 3, a point at the beginning of a curve concave to the right, having a radius of 153.03 feet; thence along the arc of the curve for one (1) call In a southeasterly direction, 153.03 feet (long chord= S 43° 21` 48` E at 152.35 feet), through a central angle of 18° 48` 56 to Corner 4, a point; thence leaving the said curve S 30° 16` 07″ E, 323.39 feet to Corner 5, a point at the beginning of a curve concave to the left, having a radius of 969.60 feet, thence along the arc of the curve for one (1) call In a southeasterly direction 222.46 feet (long chord= S 40° 15` 43 E at 221.97 feet), through a central angle of 13° 08` 44 to Corner 6, a point; thence leaving the said curve S 44° 32` 32″ E, 95.07 feet to Corner 7 a rebar (set) in a line of Pardee & Curtin Inter Vivos Trust (DB 607/307), from which Reference 7, a 2-inch iron pipe (found), corner to Pardee & Curtin bears N 58° 36` 02″ at 680.50 feet, thence leaving said r/w and with Pardee & Curtin for one (1) call S 58° 36` 02″ W, 394.96 feet to Corner 8, a 2-inch iron pipe (found) on the east bank of the Right Fork of Holly River, corner to a 29.63 acre tract (previously surveyed for Colleen Anne Ware), thence leaving Pardee & Curtin and with said survey and down said river for four (4) calls N 15° 57` 18″ W, 178.76 feet to Corner 9, a point in said river; thence N 16° 57` 06″ E, 105.51 feet to Corner 10, a point in said river; thence N 20° 49` 45″ W, 306.60 feet to Corner 11, a point in said river; thence N 55° 35` 54″ W, 903.10 feet to Corner 12, a point in said river in a line of USA; thence leaving said survey and said river and with USA for one (1) call N 38° 47` 41” E, at 94.55 feet passing Witness 1, a metal fence post (found) in all 148.08 feet to the point of beginning, containing 7.25 acres (315,700 square feet) more or less, as surveyed by Elk Land Management, whose address is 221 Main Street, Sutton, West Virginia, on June 26, 2019 and as shown on a plat attached hereto and made a part of this description.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code § 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
WV Trustee Services, LLC, Substitute Trustee
BY:
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336