TRUSTEE’S SALE OF VALUABLE REAL ESTATE The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust, recorded on October 6, 2023, in the Office of the Clerk of the County Commission of Upshur County, West Virginia, in Book 663 at Page 720, Stephanie Southworth 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 14, 2026, in Book 685 at Page 214 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 Upshur County Courthouse in Buckhannon, West Virginia, on July 20, 2026 at 11:00 AM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Banks District, Upshur County, West Virginia, and more particularly bounded and described as follows: LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND situate in the County of Upshur, State of West Virginia, to wit; All Those Four (4) Certain Tracts, Lots Or Parcels Of Land, Together With The Improvements Thereon And The Appurtenances Thereunto Belonging, Situate In Banks District, Upshur County, West Virginia, And Being More Particularly Bounded And Described As Follows: First Tract: Beginning At A Stake Near The Creek Corner Of Jemima Davis And Blanch Humphrey And Running With Their Lines To Stake And Then Leaving Said Line And Crossing Said Road To The Corner Of A Large Rock Cleft And With Said Cleft To Line Of William Roby And With His Line Back To The Beginning, Containing Three-Fourths (3/4) Of An Acre, More Or Less. Second Tract: Beginning At A Stake, Corner Blanch Humphrey And William Roby And W.M. Haymond And Running Thence To A Beech At The County Road And With The County Road To A Stake, Corner To W.M. Haymond, And Leaving Said Road And With One Of His Lines To A Large Rock Cleft And With Said Cleft To A Stake, Corner Of William Roby And With One Of His Lines To The Beginning, Containing One (1) Acre, More Or Less. Third Tract: Situate On The Waters Of Lynn Camp Run, Beginning At A Telephone Pole In Line Of Bias; Thence S.14-1/2 W. 63.85 Poles To A Sarvice In Line Of J.R. Powers; Thence N. 21-1/2 W. 12.25 Poles To A Stake In Said Powers Line; Thence N. 70-1/2 W. 26.25 Poles To A Large White Oak, Corner To Said Powers; Thence N. 37-1/2 W.15.50 Poles To A Stake, Corner Of W. J. Roby, Under The Edge Of A Large Rock; Thence N. 71-1/2 E. 12.16 Poles To A Stake In The Road; Thence With Said Rock, N. 23-1/2 W. 6.12 Poles To A Stake With Poplar Pointers; Thence N. 70-1/2 E. 9.75 Poles To A Poplar Corner; Thence N. 64-5/8 E. 36.25 Poles To The Beginning Corner, Containing Nine And Thirty-Five One Hundredths (9.35) Acres. Fourth Tract: Beginning At A Service Tree Corner In line Of W.J. Roby (Deceased) And Running Thence In A Westerly Direction, Splitting Lands Of Party Of The First Part, A Distance Of 43 Rods To A Planted Stone Corner At Top Of A Rock Cliff; Thence Running In A Northerly Direction With Top Of Said Rock Cliff 6 Rods To A Plated Stone Corner; Thence Running In A Westerly Direction 26 Rods To A Stone Corner Planted In Line Of State Road Route No. 20; Thence Running In A Northerly Direction With Old County Road Right Of Way A Distance Of 20 Rods To Said W.J. Roby Corner On Said Old County Road; Thence Running In An Easterly Direction With Said W.J. Roby Line To The Place Of Beginning At Said Service Corner, Containing By Estimate 6 Acres, But Being A Sale In Gross By Boundary And Not By The Acre. At the time of the execution of the subject Deed of Trust, the property was reported to have an address of: 36 Apricot Drive, Rock Cave WV 26234 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. $8,000.00 (Eight 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 # 26-01018
CLUNK HOOSE CO. LPA
714 VENTURE DR # 132
MORGANTOWN
WV
26508
304-241-6962
ID: 1508478