TRUSTEES SALE OF VALUABLE
REAL ESTATE
By virtue of the authority vested in your undersigned Trustee, by that certain Deed of Trust dated November 5, 2020, and of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed of Trust Book No. 324 at Page 839, executed by Jerson Felipe Munguia-Ortiz to secure the payment of that certain negotiable promissory note described therein, payable to the order of Capon Valley Bank, a West Virginia Banking Corporation, at its address of P.O. Box 119, Wardensville, West Virginia 26851, and signed by the said Jerson Felipe Munguia-Ortiz, as maker, and default having occurred in the payment of said negotiable promissory note secured by the Deed of Trust set forth hereinabove, and the said Capon Valley Bank, as the holder of said note, having notified your undersigned Trustee in writing to do so, said Trustee will offer for sale at public auction to the highest bidder, the following described tract or parcel of real estate at the Courthouse in Moorefield, Hardy County, West Virginia, on;
WEDNESDAY, FEBRUARY 18, 2026
AT 10:00 A.M.
the following described tract or parcel of real estate:
All that certain tract or parcel of real estate containing 2.0 acres, more or less, together with any and all rights, rights-of-way, structures, minerals, easements, improvements and appurtenances thereunto belonging, lying and being situate in Moorefield District, Hardy County, West Virginia, and being designated as “Lot 16” of “Section 1” of the “Carla Acres Subdivision”. The real estate being offered for sale herein is more particularly described by that certain Plat of Survey, of said subdivision, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Plat Book 3, at Page 108. Reference is hereby made to the said aforementioned Plat of Survey and to Lot 16 set forth thereupon for a more specific description of the real estate being offered for sale herein.
The real estate being offered for sale herein is improved by a 1982 Liberty mobile home.
And being the same tract or parcel of real estate conveyed unto Jerson Felipe Munguia-Ortiz by that certain deed from Michael Devito, dated November 5, 2020, and of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book No. 356, at Page 260. Reference is hereby made to the said aforementioned deed for any and all pertinent purposes.
The tract or parcel of real estate being offered for sale herein is being offered for sale, subject to any and all restrictions, reservations, covenants, conditions, easements, and/or rights of way contained in, provided for, or reserved in any and all prior instruments in chain of title. Same shall be incorporated into the Deed of Conveyance to the high bidder at the sale referenced herein.
The hereinbefore advertised tract or parcel of real estate shall be conveyed unto the high bidder by special warranty deed from undersigned Trustee.
Real estate taxes on the real estate, the subject of this sale notice, shall be paid by the owner or beneficial holder of the negotiable promissory note referred to herein, for all those taxes becoming due to and through the spring of 2026. The high bidder shall be responsible for those taxes that become due in the fall of 2026, and henceforth.
The Trustee shall be under no duty to cause any existing tenant or person occupying subject real estate to vacate said property.
All costs for deed preparation and transfer stamps shall be paid by the high bidder.
In the event that there are federal tax liens of record against the real estate, the subject of the sale offered herein, the United States Government shall have the right to redeem the real estate within one hundred and twenty (120) days from the date of said sale or a period allowable for said redemption, whichever is longer.
TERMS: A ten-thousand-dollar ($10,000.00) deposit shall be required on day of sale, and the balance shall be paid in cash at closing. Closing is to occur at the office of your undersigned Trustee at 204 N. Elm Street, across from the Courthouse, in Moorefield, Hardy County, West Virginia, at a date and time to be mutually agreed upon between the Trustee and the high bidder, which said date and time shall not exceed twenty (20) days from the date of sale. Failure to close in accordance with the terms herein shall result in the forfeiture of the deposit. Purchaser may elect to pay the entire purchase price on day of sale
Prospective bidders are invited to contact your undersigned Trustee or Capon Valley Bank, prior to the day of sale, with regard to any and all questions that might arise.
Jack H. Walters, Trustee
Walters, Heishman & Vance, PLLC
P.O. Box 119
Moorefield, WV 26836
(304) 530-6618
