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 in the Office of the Clerk of the County of Commission of Raleigh County, West Virginia, on Microfilm Roll No. 125 at Page 1318, Mark A. Elswick and Dawn M. Elswick did convey unto , Douglas C. 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 recorded on April 29, 2022, in Book 5076 at Page 2737 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 National Association, as Trustee, for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1998-2 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
June 16, 2022 at 2:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Shady Spring District, Raleigh County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
All the following described tract or parcel of land situate, lying and being known in Shady Spring District, Raleigh County, West Virginia, and being more particularly described as follows, to- All that certain lot or parcel of land situate in Shady Spring District, Raleigh County, West Virginia, and being a part of Lot 1 as shown and designated on a map entitled “Lakeview Homesites,” a copy of which map is of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 375, at page 304A, and which said property is described as Lot B on a current plat entitled “PLAT OF SURVEY FOR MICHAEL S. CLINE SHOWING LOTS A & B BEING P/O LOT 1 LAKEVIEW HOMESITES SITUATE ON PLUTO ROAD, SHADY SPRING, WV SHADY SPRING DISTRICT, RALEIGH COUNTY, WEST VIRGINIA SCALE: 1″ -100 FEET DATE: JULY 8, 1997,” a copy of said map being recorded in the aforesaid. Clerk’s office in Map File 3-427, said Lot B being more particularly described as follows:
BEGINNING at a 3/4″ iron pin set on the northern most right of way line of Pluto Road and bearing S 71deg. 47′ 30″ W 100.00 feet from a 3/4″ iron pin found at the southwestern most corner of Lot 1, Lakeview Homesites of which this is a part of; thence through said lot with a new line, N 07deg. 22′ 30″ E 200.00 feet to a 3/4″ rebar set; thence N 71deg. 47′ 30″ E 100.00 feet to a 3/4″ rebar set; thence S 07deg. 22′ 30″ E 200.00 feet to a 3/4″ rebar set on the aforementioned right of way; thence with said right of way, S 71deg. 47′ 30″ W 100.00 feet to the place of beginning, containing 0.414 acres, more or less. Together with a security interest in that certain 1998, 72 x 28 Victorian mobile home, serial number CLH022345TNAB
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: Lot 1 Lakeview Homesites, White Oak, West Virginia 25989
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 ยง 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 # 22-00787