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 January 19, 2008, in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 461 at Page 385, Linda Fink did convey unto Diana Smoljanovich, 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 September 2, 2025, in Book 651 at Page 53 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 TBW Mortgage-Backed Trust Series 2007-2, TBW Mortgage-Backed Pass-Through Certificates, Series 2007-2, U.S. Bank National Association, as Trustee
to foreclose thereunder will offer for sale, at a public auction at the front door of the Brooke County Courthouse in Wellsburg, West Virginia, on
May 1, 2026 at 11:00 AM
the following described real estate, together with its easements, improvements, and appurtenances thereunto belonging, situate in the Village of Windsor Heights, Buffalo District, Brooke County, West Virginia, and more particularly bounded and described as follows:
LEGAL DESCRIPTION
The following described property, together with all the improvements, appurtenances and hereditaments thereto appertaining:
All that certain piece or parcel of land situate in the Village of Windsor Heights, Buffalo District, Brooke County, West Virginia, designated as Lot No. 635, on the Plat of Windsor heights, which Plat is recorded in the office of the Clerk of the County Court of Brooke County, West Virginia, in Plat Book No. 1, page 35, bounded and described as follows, to-wit:
BEGINNING at a point in the center of Third Street, as shown in said Plat, at the dividing line between Lots Nos. 633 and 635; thence along the said last mentioned dividing line North 32 degrees 10’ East a distance of 127.50 feet to the center of a 15 foot unnamed alley; thence along the center of said 15 foot unnamed alley South 57 degrees 50’ East a distance of 70 feet to the center of Francis Avenue; thence along the center of said Francis Avenue South 32 degrees 10’ West a distance of 127.50 feet to the center of the intersection of Francis Avenue and Third Street North 57 degrees 50’ West a distance of 70 feet to the point at the place of beginning, together with all and singular the improvements, situate thereon and the hereditaments and appurtenances thereunto belonging.
Tax ID # W41J 0017 0000 0000
Commonly known as: 635 Third Street, Windsor Heights, WV 26075
At the time of the execution of the Deed of Trust this property was reported to have an address of 635 Third Street, Windsor Heights, West Virginia 26075.
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
- $3,000.00 (Three 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.
- The purchaser at the sale shall be responsible for payment of all real estate taxes.
- 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.
- 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 # 26-00909
BCR 04/03 – 04/10/26