NOTICE OF SUCCESSOR TRUSTEE’S SALE
The undersigned Successor Trustee, The Law Office of Kathy M. Santa Barbara, PLLC, by virtue of the authority vested in her by that certain Purchase Money Deed of Trust bearing date the 13th day of August, 2025, and recorded in the office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed of Trust Book No. 524, at page 452 (the “Security Instrument”), and made by TCR Investments, LLC (“Grantor”) to David D. Zumbrunn II, Esquire, Trustee, for the benefit of Jump Into the Dark, LLC (“Secured Party”), under which Deed of Trust default having been made, and the undersigned Successor Trustee having been directed in writing to foreclose hereunder by the secured party, will offer for sale at public auction (“Foreclosure Auction”), at the front door of the County Courthouse in Morgan County, West Virginia, at 77 Fairfax Street, Berkeley Springs, West Virginia 25411, on Friday, July 10, 2026 at 12:00 o’clock noon, all that certain lot or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Allen District, Morgan County, West Virginia, and more particularly described as follows:
All the following lot or parcel of real estate, with its improvements and appurtenances thereunto belonging, situate in the Allen District, Morgan County, West Virginia, and more particularly described as follows: Beginning at (1) a number five rebar (set) in the line of Hollis Lafollette (Will Book 7, Page 263), being S 31°-21′-40″ W 22 feet from a point in the center of W.Va. Sec. Rt. No. 4, thence with Hollis Lafollette down a steep hill S 31°-21-40″ W 189.16 feet to (2) a number five rebar (set) at the base of said steep hill, corner to Aulabaugh Brothers, Inc. (Deed Book 59, page 202), thence with Aulabaugh Brothers, Inc., N 57°-47′-12″ W 137.71 feet to (3) a point in the center of Dry Run, corner to a 25 foot wide strip of land of Hollis Lafollette (Deed Book 54, page 588), thence leaving Dry Run, up said steep hill with Hollis Lafollette N 31°-21′-40″ E 31.26 feet to a number five rebar (set), continuing same 145.05 feet more (176.31 feet in all) to (4) a flush iron rod (found), in the southern margin of W.Va. Sec. Rt. No. 4, in the line of the State of W.Va. (State Road) (see Deed Book 58, page 384), thence with the State of W.Va. S 63°-07′-22″ E 138.12 feet to the point of beginning, containing 0.58 acres, more or less.
HAVING, at the time of this conveyance, property tax identification number 33-01-0001-0012-0000.” (the “Property”)
AND BEING the same Property conveyed to TCR Investments, LLC by deed dated August 13, 2025, from Ryan D. Patton, and recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book No. 302, at page 301.
THE SUBJECT PROPERTY, INCLUDING ANY IMPROVEMENTS THEREON, WILL BE SOLD IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND. THE SUCCESSOR TRUSTEE SHALL BE UNDER NO DUTY TO CAUSE ANY EXISTING TENANT OR PROPERTY OWNER OCCUPYING THE SUBJECT PROPERTY TO VACATE SAID PROPERTY. ANY PERSONAL PROPERTY AND/OR BELONGINGS REMAINING ON THE REAL ESTATE AFTER THE FORECLOSURE SALE SHALL BE DEEMED TO CONSTITUTE ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
TERMS OF SALE: Ten percent (10%) of the sale price (“Deposit”) shall be paid by cash, cashiers check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale, with the balance to be paid in cash at closing within thirty (30) days after the sale date (the “Balance”), time being of the essence. All closing and settlement charges, costs, expenses, and fees associated with or connected to the sale and transfer of the Property, including, without limitation, the cost of deed preparation, preparation and recording of the Trustee’s Report of Sale, any fire and ambulance fees, all real property taxes due and payable in relation to the Property, including and together with all interest, penalties, and redemption charges or fees associated therewith, if any, all excise | transfer taxes imposed on the conveyance or transfer of the Property, all charges, costs, expenses, and fees of recording agreements, deeds, documents, or instruments, all charges, costs, expenses, and fees of title examination and title insurance, all other due diligence or feasibility charges, costs, expenses, and fees, and all charges, costs, expenses, and fees of obtaining financing, will be the sole burden and obligation of Purchaser.
FEDERAL TAX LIENS: In the event that there are federal tax liens against the property, the United States of America has the right to redeem the property within 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The Property will be publicly auctioned and offered for sale and conveyed, granted, and transferred by Successor Trustee without affirmation, recourse, representation, or warranty, express, implied, or otherwise, of any character, description, kind, manner, or nature, “as is” and with all adverse conditions, defects, and faults, and with no assurances, covenants, or warranties as to title, including, without limitation, without affirmations, representations, or warranties concerning, relating to, or with respect to (1) the absence or existence of any adverse condition or defect, (2) the absence or existence of any parties in possession of the Property, (3) the compliance of the Property with any applicable conditions, covenants, limitations, restrictions, or servitudes, (4) the compliance of the Property with any applicable land use, legal, or zoning requirements, (5) the condition, design, or fitness of the Property for any intended or particular purposes or uses, (6) the quality of the Property, (7) the quiet enjoyment of the Property, (8) title to the Property, or (9) the value of the Property, with the intent on the part of Successor Trustee to disclaim and negate all affirmations, representations, and warranties.
The Property will further be publicly auctioned and offered for sale and conveyed, granted, and transferred by Successor Trustee burdened and encumbered by and subject to (1) all effective and enforceable agreements, assessments, charges, conditions, covenants, easements, exceptions, leases, liens, limitations, mineral severances, reservations, restrictions, rights of way, servitudes, and other burdens and encumbrances as have been created with respect to or imposed on the Property of record by Grantor or Grantor’s predecessors in title prior to the recording of the Security Instrument in the Clerk’s Office, except to the extent any of the same have been canceled, released, or terminated or subordinated in priority to the Security Instrument, (2) all leases and other encumbrances as have been created with respect to or imposed on the Property by Grantors subsequent to the recording of the Security Instrument in the Clerk’s Office which are the subject of non-disturbance or similar agreements to which Secured Party is a party, (3) all matters which a visual inspection of the Property might reveal, (4) any state of facts which could be ascertained by making an inquiry of parties in possession of the Property, if any, (5) any conflicts in boundary lines, deficiencies, discrepancies, encroachments, shortage in area, or other matters or state of facts which an accurate survey of the Property might reveal, (6) the rights of parties in possession of the Property, if any, and (7) the statutory lien(s) securing real property taxes assessed against or levied on the Property, including and together with interest, penalties, and redemption charges or fees associated therewith, if any.
All amounts, assessments, charges, costs, expenses, liens, or taxes burdening or encumbering the Property or owed against the Property and not extinguished by the foreclosure of the Security Instrument will be the obligation and responsibility of the successful purchaser(s) (whether one or more, “Purchaser”), if any, to discharge, pay, or satisfy.
Purchaser shall be required to execute and deliver a memorandum of purchase and sale at successor trustee’s sale with Successor Trustee immediately following the conclusion of the Foreclosure Auction, which said memorandum will contain the terms set forth herein.
In the event Purchaser fails, neglects, or refuses to pay and remit the Balance to Successor Trustee in certified funds within thirty (30) days of the conclusion of the Foreclosure Auction, then in addition to any other equitable or legal remedies available to Successor Trustee, Successor Trustee has the authority and right, but not the obligation, to declare Purchaser’s right to purchase the Property as canceled and terminated and the Deposit irrevocably forfeited by Purchaser, in which event, Purchaser will have no claim to or demand on the Deposit, the Deposit will be the property of Successor Trustee to apply, distribute, or use as Successor Trustee elects for the benefit of Secured Party, and Successor Trustee will have no further obligations to Purchaser. In addition, Successor Trustee has the further authority and right, but not the obligation, in Successor Trustee’s sole discretion, to (a) retroactively accept the next best and highest bid for the Property at the Foreclosure Auction or (b) resell the Property, and apply, credit, or utilize the Deposit to pay and satisfy the charges, costs, expenses, and fees associated with or attendant to the resell of the Property. In the event of such a failure, neglect, or refusal by Purchaser, Purchaser will be liable and obligated for the payment of any deficiency in the purchase price resulting from the acceptance of the next best and highest bid for the Property at the Foreclosure Auction or the resale of the Property, all charges, costs, expenses, and fees of both the initial Foreclosure Auction and any resale of the Property, all charges, costs, expenses, and fees, including, without limitation, reasonable charges, costs, expenses, and fees of legal counsel, of Successor Trustee and Secured Party, and all compensatory, consequential, and incidental damages incurred, suffered, or sustained by Successor Trustee and Secured Party. In the event the resale of the Property results in a purchase price in excess of the purchase price bid by Purchaser, Purchaser will be deemed to have irrevocably and unconditionally released, relinquished, and waived all claims and rights to any such excess amount and will not be entitled to any distribution whatsoever from the proceeds resulting from the resale of the Property.
In the event Successor Trustee is unable to convey or transfer the Property to Purchaser for any reason, Purchaser’s exclusive and sole remedy, at law and in equity, will be the refund of the Deposit, without the accrual of interest, and Purchaser will be deemed to have absolutely and irrevocably discharged, released, and waived all other remedies and rights against Successor Trustee and Secured Party.
Successor Trustee has the authority and right to adjourn, continue, or postpone the Foreclosure Auction by public announcement at the place and time designated for the Foreclosure Auction or the posting of notice at the applicable courthouse prior thereto or at any further adjournment, continuance, or postponement thereof or the posting of notice at the applicable courthouse prior thereto.
Successor Trustee has the authority and right to reject any bid or bids which Successor Trustee, in its absolute and sole discretion, deems inadequate.
The proceeds of the sale of the Property will be applied as required by the Security Instrument.
The Successor Trustee is fully vested with authority to sell the property as trustee by virtue of a certain Notice of
Appointment of Successor Trustee dated April 17, 2026, and made by Secured Party, and recorded in the aforesaid Clerk’s office in Deed Book No. 534, at page 618.
Inquiries to Successor Trustee or Secured Party should be directed to:
Kathy M. Santa Barbara
THE LAW OFFICE OF KATHY M. SANTA BARBARA PLLC
518 West Stephen Street
Martinsburg, WV 25401
304-264-0000
Dated this 16th day of June, 2026.
THE LAW OFFICE OF KATHY M. SANTA BARBARA PLLC
By: /s/ Kathy M. Santa Barbara
Kathy M. Santa Barbara, Member
6-24-2tm