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 April 29, 2010, in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Book 351 at Page 743, and modified by Corrective Affidavit recorded in the aforesaid Clerk’s Office on August 21, 2023, in Book 292 at Page 464, Gary B. Miller and Sharon J. Miller did convey unto Randall R. Conrad, II, 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 December 2, 2025, in Book 528 at Page 176 in the Office of the Clerk of the County Commission of Morgan County, West Virginia; 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 Lakeview Loan Servicing, LLC 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
January 22, 2026 at 11:00 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Sleepy Creek District, Morgan County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
ALL THAT CERTAIN lot or parcel of real estate, with the improvements thereon and the appurtenances thereunto belonging, situate in Sleepy Creek District, Morgan County, West Virginia, being more particularly bounded and described as follows:
Lot No. 37, Section II, of the Sleepy Hollow Subdivision, as set forth on that certain subdivision survey plat prepared by John D. Elmer, P.E., dated May 31, 1968, and recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia in Plat Book 2 at page 40.
Subject to and together with the rights to traverse the streets and roads of said subdivision in common with other lot owners; and together with agreements, covenants, conditions, easements, rights, right of way and restrictions of record including but not limited to those of record in the aforesaid Clerk’s Office in Deed Book 71, at Page 616.
AND BEING the same parcel of real estate conveyed to the Grantors herein by Deed dated February 26, 2010, from Selene RMOF REO Acquisition II, LLC and recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 235, at page 646.
FOR PURPOSES OF SECTION 4, ARTICLE I, CHAPTER 13 OF THE WEST VIRGINIA CODE ANNOTATED, ANY NOTICE OF A TRUSTEE’S SALE SHALL BE MAILED TO THE GRANTORS HEREUNDER AT THE FOLLOWING ADDRESS (OR SUCH OTHER ADDRESS SUBSEQUENTLY GIVEN TO THE LENDER IN WRITING BY THE GRANTOR): 1126 Audubon Road, Hedgesville, WV 25427
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 1126 Audubon Road, Hedgesville, West Virginia, 25427
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. $6,000.00 (Six 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 # 25-02816
12-10-2tm