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 July 5, 2023, in the Office of the Clerk of the County of Commission of Greenbrier County, West Virginia, in Book No. 883 at Page 186, Daniel Collins and Jessica Collins did convey unto Old Republic National Title Insurance Company, 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 March 21, 2025, in Book 903 at Page 781 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 Mortgage Research Center, LLC d/b/a Veterans United Home Loans, a Missouri Limited Liability Company to foreclose thereunder will offer for sale, at a public auction at the front door of the Greenbrier County Courthouse in Lewisburg, West Virginia, on
April 24, 2025 at 3:30 PM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Fort Spring Tax District, Central Magisterial District, Greenbrier County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
BEING all that certain lot or parcel of real estate situate, lying and being on the Muddy Creek Mountain, in Fort Spring Tax District, Central Magisterial District, Greenbrier County, West Virginia, and further described as Lot No. 5 as follows:
BEGINNING on an iron pipe set on the westerly right of way line of a 30-foot street, the same being the SE corner of Parcel #4, thence with said right of way, S. 39-01 E 570.00 feet to an iron pipe set on said right of way, the same being the NE corner to Parcel #8, thence S 50-59 W 406.58 feet to an iron pipe set on line of Max Bryars, thence with Bryars, N 37-27 W 570.21 feet to an iron pipe on said line, the same being the SW corner to Parcel #4, thence with Parcel #4 N 50-59 E 391.00 feet to the BEGINNING, containing 5.00 acres, more or less.
The parties of the first part do hereby further grant and convey unto the party of the second part the right and privilege in common with other parties in interest the use of that certain 30-foot right of way and roadway running along the northern and eastern boundary line of Lot No. 1 for the purposes of ingress and egress to the real estate herein described and conveyed and for the utility line purposes.
This conveyance is made subject to such reservations of minerals and mineral rights and privileges, and such other reservations, easements, rights of way and agreements which have been granted or reserved and are contained in prior deeds of conveyance pertaining to the real estate.
There shall be no trailer or mobile homes situated on any lot in this subdivision.
All garbage or refuse must be disposed of in a proper manner which shall exceed the minimum requirements established in the statues, rules and regulations of all health laws, Federal, State and Local.
Each lot shall be 5 acres or more and no further subdivision or subdividing of any lot will be permitted.
AND BEING the same property conveyed unto David R. Stacks and Judith A. Stacks from James J. Foerster and Karen Foerster by deed dated December 1, 2004 of record in the Office of the Clerk of the County Commission of Greenbrier County, West Virginia in Deed Book 495 at page 726.
At the time of the execution of the Deed of Trust this property was reported to have an address of 396 Woodbrier Estates Rd, Alderson, West Virginia 24910.
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 of the final sale price 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.
ELK RIVER TRUSTEES, INC.
714 Venture Drive, #132
Morgantown, WV 26508
Telephone: 304-241-6962
Fax: 330-436-0301
Reference file # 25-00537
(3,10ap)
