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 November 26, 2001 in the Office of the Clerk of the County of Commission of Fayette County, West Virginia, in Book No. 633 at Page 149, Ronald F. Coleman did convey unto W. Brad Sorrells, 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 recorded on January 9, 2023, in Book 1077 at Page 206 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 2002-1 to foreclose thereunder will offer for sale, at a public auction at the front door of the Fayette County Courthouse in Fayettesville, West Virginia, on
May 18, 2023 at 1:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Plateau District, Fayette County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
All that lot or parcel of surface land, together with the improvements thereon, situate at Whipple, in Plateau District (formerly Fayetteville District), Fayette County, West Virginia, and being more particularly bounded and described as follows, to-wit:
Lot Number Nineteen (19), in that certain plan of lots entitled “Justus Collins Estate, Subdivision of Surface Tracts, Section No. One (1), Whipple, Fayette County, West Virginia, to be developed by Kelly Development Company” dated March, 1955, and recorded in the Office of the Clerk of the County Court of Fayette County, West Virginia, in Map Book 11, at Pages 49 and 50, less and except that certain portion of Lot 19 containing 2,786 square feet, more or less, conveyed unto Ronald F. Coleman by Artila Coleman Price and William H. Price, her husband, by deed dated March 29, 1973, and recorded in the Fayette County Court Clerk’s Office.
BEING the same property conveyed to James F. Coleman and Carolyn Anette Price by Artila Coleman Price and William H. Price, by deed dated March 29, 1973, of record in the office of the Clerk of the County Court of Fayette County, West Virginia, recorded 2/23/97 in Deed Book 376, Page 532. The said Artila Coleman Price and William H. Price having reserved a life estate in the property conveyed. Artila Coleman Price died 3/15/78 and William Howard Price died 2/2/86 thereby terminating their interest in the property.
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. $4,000.00 (Four 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 of the final sale price 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 # 22-02641