VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust, recorded on April 7, 2000, in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 691 at Page 279, and modified by Loan Modification Agreement recorded in the aforesaid Clerk's office on December 18, 2019, in Book 1235 at Page 529, James W. Harris and Judith Harris did convey unto R.W. Rhoades, 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 April 6, 2026, in Book 1382 at Page 413 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 Magerick, LLC to foreclose thereunder will offer for sale, at a public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
May 8, 2026 at 1:00 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the City of Fairmont, Marion County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
ALL OF LOT NUMBER (4), in BLOCK NUMBER SEVEN (7), as more particularly set out and designated upon that certain map or plat entitled "Plat of the R. E. Harr Addition to the City of Fairmont, W.VA", which map or plat was recorded on 23 October 1901, in the office of the Clerk of the County Court of Marion County, West Virginia, in Deed Book, No. 108, at page 2, and which Lot is more particularly bounded and described as follows:
BEGINNING at a point on Potomac Avenue (formerly designated as Chestnut Avenue) and running thence with the line of Lot No. 5 of the R.E. Harr Addition, S. 30 deg 00' E. 145.07 feet to the northern line of a 20 foot alley; thence with said alley, S.46 deg 00' W. 30.50 feet to an iron pin; thence N. 33 deg 53' W. 146.30 feet to an iron pin on the southern line of Potomac Avenue; thence N. 50 deg 45" E. 40.00 feet to the place of beginning and being more particularly shown upon that certain map or plat thereof which is of record in the proper office in Deed Book No. 716, at page 373.
The property was reported to have an address of: 131 Potomac Ave.
Fairmont WV 26554
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. $4,000.00 (Four 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.
5. The purchaser, if applicable, shall be responsible to provide all necessary information, including but not limited to entity full legal name and DBA, dates of birth and EIN/tax identification numbers, entity owner information, trust information including date of execution, trust beneficial owner information, etc., to the Substitute Trustee to ensure compliance with any necessary United States Financial Crimes Enforcement Network (FinCEN) reporting requirements. Failure to provide the information will void the sale.
ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 26-00670