The undersigned Substitute Trustee, by virtue of the authority vesting in it by that certain Deed of Trust recorded on April 17, 2007, in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Book 229 at Page 19 and modified by loan modification agreement recorded on July 14, 2015, in the aforesaid Clerk’s office in Book 289 at Page 581, Richard D. Oler did convey unto Ramon Rozas, LU, 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 November 14, 2025, in Book 361 at Page 872 in the Office of the Clerk of the County Commission of Hardy County West Virginia; 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 Nationstar Mortgage LLC to foreclose thereunder will offer for sale, at a public auction at the front door of the Hardy County Courthouse in Moorefield, West Virginia, on
January 15, 2026 at 1:00 PM the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in Moorefield District, Hardy County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
ALL of that certain tractor parcel of real estate together with rights of ways, improvements and appurtenances thereunto belonging lying approximately 0.3 mile west of Flatts – Mountain View Road in White Oaks Flats in Moorefield District, Hardy County, West Virginia, and described as follows: 1.15 acres, more or less, as more particularly described on that plat of survey and description of survey prepared by Gary A. Hedrick. P.S. No. 516.
BEING the same property which was conveyed unto Richard D. Oler by Deed from Linda K. Dean, Surviving Tenant, of even date herewith and to be recorded in the Office of the Clerk of the County Commission of Hardy County, West Virginia, immediately prior to the recordation of this Deed of Trust
The property was reported to have an address of: 251 Merritt Road, Old Fields, West Virginia 26845
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
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$5,000.00 (Five 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.
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The purchaser at the sale shall be responsible for payment of all real estate taxes.
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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.
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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 # 25-02650
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