VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust, recorded on July 1, 2021, in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1278 at Page 260, Roger M. Wolfe and Krysti R. Wolfe did convey unto Douglas McElwee 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 24, 2026, in Book 1383 at Page 600 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 Rocket Mortgage, 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 26, 2026 at 9:45 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the Town of Rivesville, Paw Paw District, Marion County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
All that certain lot or parcel of real estate, together with the buildings and improvements thereon and appurtenances thereunto belonging, situate in the Highlawns Addition to the Town of Rivesville, Paw Paw District, Marion County, West Virginia, described as follows:
Beginning at a point along the line of the old streetcar right of way, which point is located, S. 59° 03' W. 200.44 feet from an iron pin in the northeasterly line of old streetcar right of way; thence S. 26° 56' E. 132.7 feet to a point in the line of the Baltimore & Ohio Railroad Company right of way; thence with the line of Baltimore & Ohio Railroad Company, S. 62° 24' W. 100 feet to a point; thence N. 26° 56' W. 126.23 feet to a point in old streetcar right of way; thence along streetcar right of way, N. 59° 03' E. 100.18 feet to the place of beginning.
Together with the right of way/easement for installation and maintenance of a sewer line, appurtenances and obligations relating thereto as set forth in that certain agreement dated September 15, 1970, by and between Charles R. Martin, Jr., and Nellie Josephine Martin, and Vernon G. Helton and Darrie E. Helton, which agreement is of record in the aforesaid Clerk's office in Deed Book No. 747, at page 367.
There is excepted and reserved and not hereby conveyed all of the Pittsburgh vein of coal within and underlying said parcel together with the usual mining rights and privileges thereunto belonging.
Being the same real estate conveyed unto Roger M. Wolfe and Krysti R. Wolfe from Dustin Varner by deed dated June 25, 2021 and to be recorded simultaneously herewith.
This conveyance is further expressly subject to all mineral severances, exceptions, conditions, restrictions, covenants, reservations, limitations, rights of way and easements of record under and by which the Grantor is bound in the ownership of the property herein conveyed insofar as the same are now in force and effect.
The property was reported to have an address of: 3 Martin Street, Rivesville, West Virginia 26588-9752
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 âAS ISâ 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. $8,000.00 (Eight Thousand Dollars) in cash and/or certified funds made payable to âElk River Trustees, Inc.â 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 # 26-01029