Public Notice

NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated February 13, 2017, executed by Borrower(s), Charles L Lewey and Margaret A Lewey, to Milestone Settlement, LLC, the Trustee of record in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Book 999, at Page 528. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 5878 Fairmont Pike Rd, Wheeling, WV 26003. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 16, 2022, of record in the Clerk’s Office in Book 1104, Page 739. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Marshall County, in Moundsville, West Virginia, on the following date:
May 2, 2025 at 11:32 a.m.
BEGINNING AT A STAKE IN THE EAST SIDE OF STATE ROUTE 88, SAID STAKE BEING LOCATED N. 30 degrees 37′ W. 110 FEET FROM A STAKE IN THE EAST SIDE OF SAID HIGHWAY, SAID STAKE BEING ALSO CORNER TO KESTNER AND KUPFER; THENCE N. 46 degrees 07′ E. 205.47 FEET TO A STAKE; THENCE N. 30 degrees 37′ W. 95.87 FEET TO A STAKE; THENCE S. 50 degrees 00′ W. 202.72 FEET TO A STAKE IN THE EAST RIGHT OF WAY LINE OF STATE ROUTE 88; THENCE WITH SAID EASTERLY RIGHT OF WAY LINE LOCATED 20 FEET EAST OF AND PARALLEL WITH THE CENTER OF THE PAVEMENT OF STATE ROUTE 88, S. 30 degrees 37′ E. 110 FEET TO THE PLACE OF BEGINNING, CONTAINING 00.472 ACRES, MORE OR LESS. EXCEPTING, HOWEVER, FROM THE LAND HEREBY CONVEYED, ALL THE COAL WITHIN AND UNDERLYING THE SAME, TOGETHER WITH CERTAIN MINING RIGHTS AND PRIVILEGES AND OTHER RIGHTS AND PRIVILEGES HERETOFORE CONVEYED. SUBJECT ALSO TO A RIGHT OF WAY GRANTED BY EMMA FRANCIS TO THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF WEST VIRGINIA BY INSTRUMENT DATED DECEMBER 10, 1946, AND RECORDED IN SAID CLERK’S OFFICE IN DEED BOOK NO. 246, PAGE 38. SUBJECT ALSO TO ALL THE EXCEPTIONS, RESERVATIONS, STIPULATIONS, COVENANTS AND CONDITIONS CONTAINED IN PRIOR DEEDS AND RIGHTS OF WAY AND EASEMENTS OF RECORD. THE GRANTORS HAVE NO ACTUAL KNOWLEDGE OR REASON TO BELIEVE THAT THE PROPERTY, INCLUDING ITS SUBSTRATA OR SUBSURFACE, HAS BEEN USED FOR THE STORAGE, TREATMENT OR DISPOSAL OF HAZARDOUS WASTE OR THAT IT CONTAINS OR DID CONTAIN ANY UNDERGROUND STORAGE TANKS. Being the same property conveyed to Charles L Lewey and Margaret A Lewey by the Deed dated October 26, 2005 and recorded in Deed Book 648 at Page 488 in the Office of the Clerk of the County Commission of Marshall County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
Int. Mar 26, Apr 16, 23, 2025