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 January 28, 2008, in the Office of the Clerk of the County of Commission of Raleigh County, West Virginia, in Book No. 5030 at Page 2021, and Stephen Beller and Wanda Beller did convey unto Janet Phillips, 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 dated October 4, 2022, and recorded in Book 5078 at Page 0751 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, as Trustee for CVF III Mortgage Loan Trust II 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
January 17, 2023 at 3:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Clearfork District, Raleigh County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
THAT CERTAIN TRACT OF FOUR CERTAIN LOTS OR PARCELS OF LAND SITUATE IN CLEARFORK DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, AND BEING LOTS NOS. 5, 6, 7, AND 8 AS SHOWN ON MAP OF L. C. MASSEY ADDITION TO THE TOWN OF COLCORD. MAP 6A AND PARCEL N0.80.
BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY WARRANTY DEED FROM THELMA LUCILLE BELLER SINGLE TO STEPHEN BELLER and WANDA BELLER HUSBAND AND WIFE, DATED 12/18/1997 RECORDED ON 12/18/1997 IN ROLL 125, PAGE 1761 IN RALEIGH COUNTY RECORDS, STATE OF WV.
At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 354 Sycamore Hollow, Colcord, West Virginia 25048.
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/Fax: 304-241-6962
Reference file # 22-02049
ID: 663832