Law Offices of
Trump and Trump, LC
171 South Washington Street
Berkeley Springs, West Virginia 25411
TRUSTEE’S SALE OF PARCEL B,
CONTAINING 4.50 ACRES IN THE ALLEN DISTRICT, MORGAN COUNTY, WEST VIRGINIA
Under and by virtue of the power of sale contained in that certain Deed of Trust dated as of August 19, 2024, from Conor Roche to Trump and Trump, LC, Trustee, for the benefit of Keith Douglas Fox and Ellen Sue Fox (the “Noteholders”) recorded with the Office of the Clerk of the County Commission of Morgan County, West Virginia in Deed of Trust Book 511, at Page 792 (the “Deed of Trust”), default having occurred under the terms of said Deed of Trust and at the request of the Noteholders, the undersigned Trustee (the “Trustee”) will offer the real estate described below for sale at public auction at the front door of the Morgan County Courthouse, 77 Fairfax Street, Berkeley Springs, West Virginia 25411 on:
Monday, December 30, 2024 at 10:00 a.m.
The real estate is situate in Allen District, Morgan County, West Virginia, more particularly described as follows:
PARCEL B, containing 4.50 acres, on the Plat of Partition of the Land of Louis A. Somers and Anna Marie Somers, surveyed on July 9, 1999, by Charles P. Dawson, Surveyor, West Virginia License No. 808, as shown on Berkeley Land Surveys Plat No. 99148 attached to the deed appearing of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 189, at Page 357.
TOGETHER WITH AND SUBJECT TO those rights of way as shown on the attached plat insofar as said rights-of-way cross Parcel B herein conveyed, including that twenty foot (20′) wide right-of-way traveling 1/4 mile to Morgan County Route 6 ” Jim West Road” as shown on the aforementioned plat.
THIS CONVEYANCE is subject to any and all covenants, conditions, agreements, easements, rights, rights of way and/or restrictions of record and in existence.
BEING the same real estate conveyed unto Conor Roche by Keith Douglas Fox and Ellen Sue Fox, by deed dated August 19, 2024, filed of record in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed Book 296, at Page 923.
TERMS OF SALE: A deposit in the amount of ten percent (10%) of the winning bid, payable in cash, certified check or other form acceptable to the Trustee, will be required of the purchaser of the Property at the time and place of sale. The balance of the purchase price shall be due in cash or by certified check on the date of settlement. Taxes and liens owed against the Property shall be the responsibility of the purchaser(s) and shall be paid by the applicable purchaser(s) at settlement. In addition, all other charges, expenses and liens owed against the Property and not extinguished by foreclosure of the Deed of Trust, shall also be the responsibility of the applicable purchaser(s) and shall be paid by the applicable purchaser(s) at settlement. The Trustee reserves the right to reject any and all bids, and to extend the time for settlement, if applicable.
The Property will be sold in an “AS IS” condition and without any warranties or representations, either express or implied, and without any warranty as to title or as to the nature, condition or description of any improvements, and subject to all matters and restrictions of record affecting the same, if any. The purchaser(s) at the foreclosure sale shall assume the risk of loss for the above-referenced Property immediately after the sale takes place. It shall be the purchaser(s)’ responsibility to obtain possession of the Property following execution and delivery of the deed from the Trustee conveying the Property to the purchaser(s).
The Property will be sold subject to all easements, conditions, liens, restrictions, rights of redemption, covenants, encumbrances, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of record affecting the same, if any, not extinguished by foreclosure of the Deed of Trust.
The purchaser(s) shall pay all applicable state and local transfer taxes, recordation taxes and fees, title examination costs, attorneys’ fees, conveyance fees and all other incidental settlement costs. The purchaser(s) shall settle and comply with the sale terms within thirty (30) days following the date of the public auction, unless said period is extended by the Trustee for good cause shown. Time is of the essence. Settlement shall be held at the offices of Trump and Trump, LC, 171 South Washington Street, Berkeley Springs, West Virginia 25411.
In the event the purchaser(s) fails to go to settlement as required, in addition to any other legal or equitable remedies available to him, the Trustee may, without an order of any court, declare the applicable deposit forfeited and resell the Property at the defaulting purchaser(s)’ risk and expense. In such event, the defaulting purchaser(s) shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of West Virginia.
If the Trustee is unable to convey the Property as described above, the purchaser(s)’ sole remedy at law or in equity shall be limited to the refund of the applicable deposit, without interest thereon. Upon refund of the applicable deposit to the purchaser(s), the sale shall be void and of no effect, and the purchaser(s) shall have no further claim against the Trustee or the Noteholders.
The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Noteholders and the Trustee do not make any representations or warranties with respect to the accuracy of this information.
Trump and Trump, LC, Trustee
By: Charles S. Trump IV, Secretary
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