TRUSTEES’ SALE OF VALUABLE REAL ESTATE
1647 Taylor Avenue, Elkins, WV 26241
In a Deed of Trust dated May 21, 2015, and duly recorded in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed of Trust Book 535, at Page 462, Mary J. Demotto did convey unto Robert Alan Milner, Esq., 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 Randolph County Courthouse, 2 Randolph Avenue, Elkins, West Virginia 26241 on:
December 7, 2021
At 02:00 PM
The property for sale as described by the Deed of Trust is as follows:
THAT CERTAIN TRACT OR PARCEL OF REAL ESTA TE SITUATE IN ELKINS CORPORATION TAXING DISTRICT OF RANDOLPH COUNTY, WEST VIRGINIA, BEING PART OF LOT 25, ALL OF LOT 26 AND PART OF LOT 27 OF THE TAYLOR VILLAGE ADDITION TO THE CITY OF ELKINS, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERN BOUNDARY OF TAYLOR AVENUE; THENCE S 40 DEGREES 07 MINUTES 46 SECONDS E, 120.00 FEET TRAVELING THROUGH LOT 27 TO A POINT; THENCE S 49 DEGREES 52 MINUTES 14 SECONDS W, 116.26 FEET PASSING A POINT COMMON TO LOT 27 AT 39.40 FEET, PASSING A POINT COMMON TO LOT 26 AT 89.41 FEET, TRAVELING TO A POINT; THENCE N 39 DEGREES 38 MINUTES 41 SECONDS W, 120.00 FEET TRAVELING THROUGH LOT 25 TO A POINT ON THE SOUTHERN BOUNDARY OF TAYLOR AVENUE; THENCE N 49 DEGREES 52 MINUTES 14 SECONDS E, 115.25 FEET TRAVELING WITH THE SOUTHERN BOUNDARY OF TAYLOR AVENUE TO THE BEGINNING, CONTAINING 0.32 ACRE, MORE OR LESS, AS SURVEYED IN APRIL, 1997, BY KENNETH KELLY, PROFESSIONAL SURVEYOR NO. 973 OF DAILEY, WEST VIRGINIA, AND AS SHOWN ON A PLAT ATTACHED TO PRIOR DEED OF RECORD IN DEED BOOK 451, AT PAGE 332. TAX MAP 26, PARCEL 156.
BEING THE SAME PROPERTY CONVEYED TO MARY JO DEMOTTO, BY DEED FROM NICOLA M. NIEVES, DATED OCTOBER 16, 2008 AND RECORDED OCTOBER 21, 2008 IN BOOK 529, PAGE 134.
The Property address and tax parcel identification number listed are provided solely for informational purposes, without warranty as to accuracy or completeness and are not hereby insured.
Property Address: 1647 Taylor Avenue, Elkins, West Virginia 26241
Tax ID No.: 26-156
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 Randolph 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 $9,000.00 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
10-21, 10-28