VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust, recorded on December 5, 2024, in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5084 at Page 4448, Elite One LLC, A West Virginia Limited Liability Company did convey unto Thomas J. O'Neill, 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 October 27, 2025, in Book 5086 at Page 6417 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 for Determination Mortgage Trust to foreclose thereunder will offer for sale, at a public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on
April 15, 2026 at 12:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the City of Beckley, Raleigh County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
BEGINNING at a stake 53.75 feet from the comer of Alley "C" and the intersection of Wickham Avenue, thence N. 8° 34' W. 48.45 feet to a stake on said Wickham Avenue, it being a common corner of Lots 2 and 3; thence N. 76° 55' W. 129.99 feet to a stake; thence S. 4° 51' W. 46.30 feet to another stake; thence S. 76° 55' E. 141.13 feet to the place of beginning; and which said lot is more particularly described as Lot No. 2 on a map entitled "MAP SHOWING SUBDIVISION OF LOTS 4, 5, & 6, SECTION THREE SUBDIVSION OF HULL TRACT, BECKLEY, W.VA, AS RECORDED IN DEED BOOK 67, PAGE 192, SCALE 1" = 30"', a copy of which said map is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Deed Book 151, at page 508, and reference to said map is hereby made and made a part hereof.
Further being described as a tract or parcel of land being Lot 2 of the Subdivision of Lots 4,5 & 6, in Section Three of the Subdivision of Hull Tract situated in the City of Beckley, Raleigh County, West Virginia, being more particularly described as follows:
BEGINNING at a hole punched in concrete, Bet, on western right-of-way line of Wickham Avenue, said hole being a common corner of Lots 2 and 3; thence leaving Lot 3 and with said right-of-way line, S 08° 34' E 48.45 feet to a 1/2- inch rebar, set,. said rebar being a common corner of Lots 1 and 2; thence leaving said right-of-way line and with the common line between Lot 1 and 2, N 76° 49' W 141.33 feet to a wooden fence post, found, on line of Lot 4, said post being a common corner of Lots 1 and 2; thence leaving Lot 1 and with the common line between Lots 2 and 4, N 04° 51' E 46.30 feet to a 1/2-inch rebar, set, said rebar being a common corner of Lots 2 and 3; thence leaving Lot 4 and with the common line between Lots 2 and 3, S 76° 28' E 130.09 feet to the POINT OF BEGINNING and containing 6,157 square feet (0.141 acres), more or less, as shown on that survey prepared by Eastern Surveying, Inc. in March, 1998 as shown on a plat attached hereto and made a part of this description.
Further, and for the consideration aforesaid, the parties of the first part do also grant and convey unto the parties of the second part, as joint tenants and not as tenants in common, the whole to the survivor thereof, all of their rights, title and interest, if any, to all joint rights to use that certain concrete driveway used or usable in conjunction with the owner of the adjacent Lot 3.
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 202 Wickham Avenue, Beckley, West Virginia 25801.
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.$7,000.00 (Seven 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 # 26-00471