Notice of Substitute or Successor Trustee’s Sale



Notice is given that pursuant to and under, and by virtue of the power of sale contained in, the real estate deed of trust dated March 6, 2013, made by Morgantown Early Learning Facility, Inc., a West Virginia corporation (“Grantor”), as grantor, to Roger Metheny, as trustee, for the benefit of and to secure Clear Mountain Bank, Inc. (“Secured Party”), of record in the Office of the Clerk of the County Commission of Monongalia County, West Virginia (“Clerk’s Office”) in Trust Deed Book 1928 at Page 235 (“Security Instrument”), Robert Louis Shuman, in his capacity as substitute or successor trustee under the Security Instrument (“Substitute Trustee”), will on Thursday, December 10, 2026, at 9:00 a.m., publicly auction and offer for sale (“Foreclosure Auction”) at the front door of the courthouse in Morgantown, Monongalia County, West Virginia, located at 243 High Street, Morgantown, Monongalia County, West Virginia, the lot or parcel of land, including and together with the buildings, fixtures, improvements, and structures thereon and the appurtenances thereto, located and situate in Clinton District, Monongalia County, West Virginia, about 3 miles south of Morgantown, West Virginia, and about 2,300 feet west of U.S. Route 119, more particularly described as follows (“Property”):



Beginning at an iron rod set at the southeastern corner of a 4 acre tract of land conveyed to West Virginia Department of Mental Health by deed dated November 30, 1976, of record in the Clerk’s Office in Deed Book 788 at Page 76, said beginning point being also the southwest corner of a tract of land conveyed by Wesco Equipment, Inc. to K. H. Realty, Inc. by deed dated November 30, 1976, of record in the Clerk’s Office in Deed Book 788 at Page 408, and running thence for said beginning point, as thus established, due south for a distance of 110 feet to an iron rod; thence S. 86° 34’ W. 198.40 feet to an iron rod; thence due north 110 feet to an iron rod set in the south line of the West Virginia Department of Health property; thence with the same, N. 86° 34’ E. 198.40 feet to the point and place of beginning, containing 0.50 of an acre, more or less, and as depicted and shown on the map or plat of survey prepared by Paul W. Guseman, LLS 185, dated July 21, 1983, of record in the Clerk’s Office in Deed Bok 887 at Page 217.



Including and together with all the easements and rights of way granted to Grantor by [1] Wesco Equipment, Inc. in the deed dated July 29, 1983, of record in the Clerk’s Office in Deed Bok 887 at Page 211, for the purposes and uses contained in such deed, and [2] West Virginia Department of Health in the deed dated September 11, 1984, of record in the Clerk’s Office in Deed Book 912 at Page 519, for the purposes and uses contained in such deed, both of which deeds are incorporated and integrated into and made a part of this notice by reference.



On belief and information, the improvements located on the Property are designated by the address of 302 Scott Avenue, Morgantown, West Virginia.



By the removal of trustees and appointment of substitute or successor trustee instrument of record in the Clerk’s Office in Trust Deed Book 2721 at Page 815, Secured Party appointed and designated Substitute Trustee as trustee under the Security Instrument.



The Property will be publicly auctioned and offered for sale and conveyed, granted, and transferred by Substitute Trustee without affirmation, recourse, representation, or warranty, express, implied, or otherwise, of any character, description, kind, manner, or nature, “as is” and with all adverse conditions, defects, and faults, and with no assurances, covenants, or warranties as to title, including, without limitation, without affirmations, representations, or warranties concerning, involving, or relating to [1] the absence or existence of any adverse condition or defect, [2] the absence or existence of any parties in possession of the Property, [3] the compliance of the Property with any applicable conditions, covenants, limitations, restrictions, or servitudes, [4] the compliance of the Property with any applicable land use, legal, or zoning requirements, [5] the condition, design, or fitness of the Property for any intended or particular purposes or uses, [6] the quality of the Property, [7] the quiet enjoyment of the Property, [8] title to the Property, or [9] the value of the Property, with the intent on the part of Substitute Trustee to disclaim and negate all affirmations, representations, and warranties.



The Property will be publicly auctioned and offered for sale and conveyed, granted, and transferred by Substitute Trustee burdened and encumbered by and subject to [1] all effective and enforceable agreements, assessments, charges, conditions, covenants, easements, exceptions, leases, liens, limitations, mineral severances, reservations, restrictions, rights of way, servitudes, and other burdens and encumbrances as have been created with respect to or imposed on the Property of record by Grantor or Grantor’s predecessors in title prior to the recording of the Security Instrument in the Clerk’s Office, except to the extent any of the same have been canceled, released, or terminated or subordinated in priority to the Security Instrument, [2] all leases and other encumbrances as have been created with respect to or imposed on the Property by Grantor subsequent to the recording of the Security Instrument in the Clerk’s Office which are the subject of non-disturbance or similar agreements to which Secured Party is a party, [3] all matters which a visual inspection of the Property might reveal, [4] any state of facts which could be ascertained by making an inquiry of parties in possession of the Property, if any, [5] any conflicts in boundary lines, deficiencies, discrepancies, encroachments, shortage in area, or other matters or state of facts which an accurate survey of the Property might reveal, [6] the rights of parties in possession of the Property, if any, and [7] the statutory lien(s) securing real property taxes assessed against or levied on the Property, including and together with interest, penalties, and redemption charges or fees associated therewith, if any.



All amounts, assessments, charges, costs, expenses, liens, or taxes burdening or encumbering the Property or owed against the Property and not extinguished by the foreclosure of the Security Instrument will be the obligation and responsibility of the successful purchaser(s) (whether one or more, “Purchaser”), if any, to discharge, pay, or satisfy.



All closing and settlement charges, costs, expenses, and fees associated with or connected to the sale and transfer of the Property, including, without limitation, all real property taxes due and payable in relation to the Property, including and together with all interest, penalties, and redemption charges or fees associated therewith, if any, all excise | transfer taxes imposed on the conveyance or transfer of the Property, all charges, costs, expenses, and fees of recording agreements, deeds, documents, or instruments, all charges, costs, expenses, and fees of title examination and title insurance, all other due diligence or feasibility charges, costs, expenses, and fees, and all charges, costs, expenses, and fees of obtaining financing, will be the sole burden and obligation of Purchaser.



Purchaser will be required to execute and deliver a memorandum of purchase and sale at substitute or successor trustee’s sale with Substitute Trustee immediately following the conclusion of the Foreclosure Auction, a proforma version of which will be available for inspection and review prior to the Foreclosure Auction.



Purchaser will be required to pay and remit to Substitute Trustee [1] Twenty-five Thousand and 00/100 Dollars ($25,000.00) (“Deposit”) in certified funds immediately following the conclusion of the Foreclosure Auction, [2] the balance and remainder of the successful purchase price (“Balance”) in certified funds within forty-five (45) days of the conclusion of the Foreclosure Auction, and [3] a premium equal to ten percent (10%) of the successful purchase price (“Purchaser’s Premium”) in cash or non-certified funds immediately following the conclusion of the Foreclosure Auction, which Purchaser’s Premium will not be applied to or credited against the successful purchase price and will be paid to the auctioneer engaged by Secured Party to further advertise and market the Foreclosure Auction (“Auctioneer”). Time is and will be of the essence as to the payment of the Balance. In the event Secured Party or an affiliated or related entity of Secured Party is Purchaser, neither Secured Party nor such affiliated or related entity will be required to pay and remit the Deposit or the Purchaser’s Premium.



In the event Purchaser fails, neglects, or refuses to pay and remit the Balance to Substitute Trustee in certified funds within forty-five (45) days of the conclusion of the Foreclosure Auction, then in addition to any other equitable or legal remedies available to Substitute Trustee, Substitute Trustee has the authority and right, but not the obligation, to declare Purchaser’s right to purchase the Property as canceled and terminated and the Deposit and the Purchaser’s Premium irrevocably forfeited by Purchaser, in which event, Purchaser will have no claim to or demand on the Deposit or the Purchaser’s Premium, the Deposit will be the property of Substitute Trustee to apply, distribute, or use as Substitute Trustee elects for the benefit of Secured Party, the Purchaser’s Premium will be the property of Auctioneer as a commission or compensation for further advertising and marketing the Foreclosure Auction, and Substitute Trustee will have no further obligations to Purchaser. In addition, Substitute Trustee has the further authority and right, but not the obligation, in Substitute Trustee’s sole discretion, to [1] retroactively accept the next best and highest bid for the Property at the Foreclosure Auction or [2] resell the Property, and apply, credit, or utilize the Deposit to pay and satisfy the charges, costs, expenses, and fees associated with or attendant to the resell of the Property. In the event of such a failure, neglect, or refusal by Purchaser, Purchaser will be liable and obligated for the payment of any deficiency in the purchase price resulting from the acceptance of the next best and highest bid for the Property at the Foreclosure Auction or the resell of the Property, all charges, costs, expenses, and fees of both the initial Foreclosure Auction and any resell of the Property, all charges, costs, expenses, and fees, including, without limitation, reasonable charges, costs, expenses, and fees of legal counsel, of Substitute Trustee and Secured Party, and all compensatory, consequential, and incidental damages incurred, suffered, or sustained by Substitute Trustee and Secured Party. In the event the resell of the Property results in a purchase price in excess of the purchase price bid by Purchaser, Purchaser will be deemed to have irrevocably and unconditionally released, relinquished, and waived all claims and rights to any such excess amount and will not be entitled to any distribution whatsoever from the proceeds resulting from the resell of the Property.



In the event Substitute Trustee is unable to convey or transfer the Property to Purchaser for any reason whatsoever, Purchaser’s exclusive and sole remedy, at law and in equity, will be the refund of the Deposit and Purchaser’s Premium, without the accrual of interest, and Purchaser will be deemed to have absolutely and irrevocably discharged, released, and waived all other remedies and rights against Substitute Trustee and Secured Party.



Substitute Trustee has the authority and right to adjourn, continue, or postpone the Foreclosure Auction by public announcement at the place and time designated for the Foreclosure Auction or the posting of notice at the applicable courthouse prior thereto or at any further adjournment, continuance, or postponement thereof or the posting of notice at the applicable courthouse prior thereto.



Substitute Trustee has the authority and right to reject any bid or bids which Substitute Trustee, in his absolute and sole discretion, deems inadequate.



The proceeds of the sale of the Property will be applied as required by the Security Instrument.



Inquiries to Substitute Trustee or Secured Party should be directed to:



Robert Louis Shuman

Reeder Shuman PLLC

256 High Street

Post Office Box 842

Morgantown, West Virginia 26507-0842

304-292-8488



A 10% buyer’s premium is due and payable to Joe R. Pyle Complete Auction & Realty, LLC at the conclusion of the auction.