VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on April 15, 2002, in the Office of the Clerk of the County Commission of Mercer County, West Virginia, in Book 921 at Page 295, Anthony S. Scyphers did convey unto William S. Winfrey II, 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 December 9, 2025, in Book 1499 at Page 658 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 Nationstar Mortgage LLC to foreclose thereunder will offer for sale, at a public auction at the front door of the Mercer County Courthouse in Princeton, West Virginia, on
April 30, 2026 at 12:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Plymouth District, Mercer County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
âthe following described property shown on a plat entitled: "MAP SHOWING PLAT OF SURVEY FOR GARLAND O'DONELL being a 0.84 acre parcel of land of Herman Danieley's 10 acre tract, as recorded in the Office of the Clerk of Mercer County, West Virginia in Deed Book 314 at Page 189. Located Plymouth District, Mercer County 2.4 miles west of Speedway, West Virginia Scale: 1" – 50' May 25, 1979 Surveyed & Mapped by Olen Winfree, Sr., L. L. S., Box 517, Athens, West Virginia 24712 and recorded in the Office of the Clerk of the County Commission of Mercer County at Microfilm Plat Record No. 7130", and more particularly bounded and described as follows:
"Being a 0.84 acre lot of land located on the shedwaters of White Oak Creek of Bluestone River on the northern side of Secondary Route 44/6 west 2.4 miles of Speedway, Plymouth District, Mercer County, W. Va., and more particularly described as follows:
'BEGINNING at a 1/2" iron rebar set in the northwestern right of way of Secondary Route 44/6 and located S 49° 27 W 73.00' from the intersection of said Secondary Route 44/6 and the middle fork of said White Oak Creek, thence with the northwestern right of way of Speedway route 44/6; S 60° 17 W 106.67 feet to a 1/2" iron rebar set at the intersection of the said right of way of Secondary Route 44/6 and a rock base private drive leading to a one story frame dwelling, thence through Herman Danieley's 10 acre tract as recorded in Deed Book 314 at page 189 three calls and with the northeastern side of said private drive two calls; N 71 ° 28 W 72.97 feet to a 1/2" iron rebar set at the base of a 18" White Oak; thence, N. 56° 09 W 189.51 feet to a 1/2" iron rebar set 10' northeast of the centerline of the said rock base private drive, thence leaving said private drive and through the woods; N 48° 12' E 168.21 feet to a 1/2" iron rebar set in the line of William G. Lilly's 412 acre tract as recorded in Deed Book 258 at page 282, thence with said Lilly's line; S 45 ° 52 E 128.17 feet to a 1 /2" iron rebar set on a flat, witness a 3" White Oak, a 3" Maple, and a 3" Poplar, being a common corner to Herman Danieley's 25 acre tract as recorded in Deed Book 314 at page 188, thence with the said Herman Danieley tract; S 45° 52 E 141.86 fee to the point of BEGINNING, and containing 0.84 acre, more or less, as surveyed in May 1979."
"The parties of the first part further grant unto the parties of the second part the right and privilege of using the 12 foot wide gravel base private drive shown on the west side of said parcel on said plat, for the purpose of ingress and egress, subject to the gating rights reserved in the Deed of record in the Office of the Clerk of the County Commission recorded in Deed Book 577, Page 127."
The property was reported to have an address of: 2600 Whiteoak Creek Road, Athens, West Virginia 24712.
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.$3,000.00 (Three 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 §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 # 24-02594