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 July 26, 1999, in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5000 at Page 3202, and modified by loan modification agreement dated January 15, 2020 and recorded in the aforesaid Clerk’s office on October 4, 2023, in Book 5081 at Page 3015, Michael E. Taylor and Patricia L. Taylor did convey unto I.L. Grotie, 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 23, 2023, in Book 5081 at Page 4585 in the Office of the Clerk of the County Commission of Raleigh 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 MCLP Asset Company Inc. 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
December 1, 2023 at 12:00 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
TRACT ONE
THE SURFACE OF THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN SHADY SPRING DISTRICT, RALEIGH COUNTY, WEST VIRGINIA, AND BEING ADJACENT TO A 2’ RESERVATION ADJOINING LOTS 21 AND WE OF BUCK RIDGE SUBDIVISION, THE PROPERTY HEREIN CONVEYED BEING MORE PARTICULALARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT (SAID POINT BEING IN THE LINE OF A 2’ RESERVATION AROUND BUCK RIDGE SUBDIVISION AND 2’ FROM THE COMMON REAR CORNER OF.LOTS 22 AND 23 OF SAID SUBDIVISION), THENCE N. 41° 38’ 30” E. APPROXIMATELY 240’ TO A POINT IN A 40’ RIGHT-OF-WAY; THENCE WITH SAJD RIGHT-OF-WAY S.49°53’ 15’’ E. APPROXIMATELY 200’ TO A POINT, INTERSECTION OF TWO RIGHT-OF-WAYS; THENCE S. 36° 29’ 30” W. 287.80’ TO THE AFORESAID 2’ RESERVATION N. 38° 46’ 45’’ W. 229.30’ TO THE POINT AND PLACE OF BEGINNING, CONTAINING 1.17 ACRES,
MORE OR LESS.
TRACT TWO
THE SURFACE OF THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN SHADY SPRING DISTRICT, RALEIGH COUNTY, WEST VIRGJNIA, AND BEING LOT NO. TWENTY-TWO (22) OF BUCK RIDGE SUBDIVISION, AS SHOWN ON THAT CERTAIN MAP ENTITLED “BUCK RIDGE SUBDIVISION LOCATED IN THE VICINITY OF COOL RIDGE SHADY SPRING DISTRICT RALEIGH COUNTY WEST VIRGINIA SCALE: 1” • 100’ SOUTHERN SURVEYING & ENGINEERING CO., INC., BECKLEY, WEST VIRGINIA RPE #8304,” WHICH MAP IS OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF RALEIGH COUNTY, WEST VIRGINIA IN MAP FILE 2-243B REFERENCE TO WHICH SAID MAP IS HERE MADE FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY HEREIN CONVEYED.
MAP 33A, PARCEL 40.0; MAP 33A, PARCEL 11.
At the time of the execution of the modification agreement, the property was reported to have an address of: 251 Fawn Lane, Cool Ridge, West Virginia, 25825.
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 § 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 # 22-02362