TRUSTEES’ SALE OF VALUABLE REAL ESTATE
1633 Broad Lane,
Falling Waters, WV 25419
In a Deed of Trust dated July 11, 2007, and duly recorded in the Office of the Clerk of the County Commission of Berkeley County, West Virginia, in Deed of Trust Book 2157, at page 259 Jamie Lyn Funk and Margaret Cathrine Funk did convey unto Douglas McElwee, Trustee, certain real
property. The beneficial holder of that Deed of Trust has elected to
appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Berkeley County Courthouse,
100 West King Street, Martinsburg,
West Virginia 25401 on:
November 16, 2021
At 12:00 PM
The property for sale as described by the Deed
of Trust is as follows:
ALL THAT LOT OR
PARCEL OF REAL ESTATE, SITUATE IN FALLING WATERS
DISTRICT, BERKELEY COUNTY, WEST
VIRGINIA, BEING KNOWN AS LOT
NUMBERED TWO (2) CONTAINING 1.91 ACRES AS SHOWN ON A PLAT OF SURVEY AND CONVEYANCE PREPARED BY GIRALAMO G. MARINO DATED APRIL 5, 1979 AND RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY
COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA IN DEED BOOK 326, AT PAGE 453.
BEING THE SAME
PROPERTY DESCRIBED AND CONVEYED IN A DEED FROM FRANKLIN EARL REID, HENRY BARTON REID, WANDA JANE STOUT AND DONALD LEE REID UNTO TERRY MARIE POWELL DATED MARCH 18, 1998 AND RECORDED MARCH 20, 1998 IN DEED BOOK 596 AT PAGE 113 IN THE OFFICE OF THE CLERK OF THE COUNTY
COMMISSION OF BERKELEY COUNTY, WEST VIRGINIA.
COMMONLY KNOWN
AS 1633 BROAD LANE FALLING WATERS, WV 25419
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Berkeley County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case,
unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and
other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five
Hundred Dollars ($2,500.00), then the
Substitute Trustee will
disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are
accurate, are not encroached upon, or that any particular structure
located on the property is contained within the described boundaries.
The property is therefore sold subject to an
accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof.
Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is
occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the
purchaser.
The Trustees will deliver a trustees’ deed to the
purchaser without any covenant or warranty
(express or implied) in the form prescribed by
W. Va. Code §38-1-6.
The Trustees make no representations and
warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey
insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of
deposit.
TERMS OF SALE:
Purchaser must bring $21,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
10:4,11 (2t)