TRUSTEES’ SALE OF VALUABLE REAL ESTATE
62 Stable Aly, Paw Paw, WV 25434
In a Deed of Trust dated June 5, 2024, and duly recorded in the Office of the Clerk of the County Commission of Morgan County, West Virginia, in Deed of Trust Book 509, at page 90 Brandon Tucker did convey unto Fidelity National Title Insurance Company, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Morgan County Courthouse, 77 Fairfax Street, Suite 2F, Berkeley Springs, WV 25411 on:
December 10, 2025
At 12:30 PM
The property for sale as described by the Deed of Trust is as follows:
SITUATE IN TOWN OF PAW PAW, MORGAN COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
“BEGINNING AT A SET IRON PIN, A CORNER WITH T. A. KERNS AND TRACT A (DENNIS & EDWINA J. KERNS` LAND), THENCE WITH SAID KERNS` LINE S. 73º 36` 35″ E., 61.35 FEET TO A SET IRON PIN ON THE WEST SIDE OF A 12 FOOT ALLEY, THENCE WITH THE WEST SIDE OF SAID ALLEY, S. 22°.11` 45″ W., 50.00 FEET TO A SET IRON PIN, A CORNER WITH PAUL WILHELM, THENCE WITH SAID WILHELM`S LINE N. 73º 36` 35″ W., 61.35 FEET TO A SET IRON PIN, A CORNER WITH TRACT A (DENNIS & EDWINA J. KERNS` LAND), THENCE WITH SAID TRACT`S LINE N. 22º 11`45″ E., 50.00 FEET TO THE BEGINNING AND CONTAINING 3,051.745 SQUARE FEET (0.070 ACRE) MORE OR LESS.”
AS SURVEYED BY ALLEN G. CLEM, LICENSED LAND SURVEYOR, LICENSE NO. 236 OF 169-A EAST MAIN STREET, ROMNEY, WEST VIRGINIA 26757, ON NOVEMBER 8, 1974, AND SHOWN AS TRACT B ON A PLAT OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MORGAN COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 96, AT PAGE 181.
TOGETHER WITH A RIGHT-OF-WAY EASEMENT ACROSS THE REAL ESTATE SHOWN ON THE AFOREMENTIONED PLAT AND DESIGNATED THEREON AS “PARCEL A”, SAID RIGHT-OF-WAY EASEMENT RUNNING FROM AMELIA STREET TO THE REAL ESTATE HEREINABOVE DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND REPAIRING A WATER PIPE LINE SERVICING THE REAL ESTATE HEREIN CONVEYED
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Morgan County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $16000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
1581 Main Street,
Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111, Fax: (215) 572-5025
sterneisenberg.com
10-15-2tm