NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE 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 August 22, 2008, executed by the Borrower, Ernest W. Mari, to Daniel T. Baker, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 935, at Page 851. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 312 Main Street, Grant Town, WV 26574. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUBSTITUTE TRUSTEE dated March 14, 2023, of record in the Clerk’s Office in Book 1320, at Page 97. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on the following date:
May 29, 2025 at 4:41 p.m.
All that certain lot or parcel of real property, together with the buildings, improvements and appurtenances thereunto belonging situate in Grant Town, Paw Paw District, Marion County, West Virginia, and more particularly bounded and described as follows: Beginning at a pipe in the northern side of the County Road at a corner to lands of New England Fuel & Transportation Company, and running thence with the northern side of said County Road, N. 49° 30’ W. 75 feet to a point in said northern side of said road, corner to other lands of Melissa J. Ballah; thence with the line of said last mentioned land N. 21 ° E. 364 feet to a stake; thence with said line of said Ballah land N. 63° 30’ E. 171 feet to stake another corner to said land of said New England Fuel & Transportation Company; thence with the line of said Fuel Company’s land S. 2° 30 W. 524 1/2 feet to a pipe, another corner to said New England Fuel & Transportation Company’s land; and thence with line of said Fuel Company’s land N. 74° 30’ W. 200 feet to the place of beginning, containing two and eight one-hundredths (2.08) acres, be the same more or less. There is further EXCEPTED and RESERVED from this conveyance that certain property situate along Fairview Street adjacent to the Eastern Gas & Fuel Associates, Subdivision of Surface Tracts in the City of Grant Town, Paw Paw District of Marion County, West Virginia and is more particularly described as follows: Beginning at an iron pin & cap set in the northern right of way line of Main Avenue and being the northwestern corner of Lot No. 1, tax parcel 73; thence N. 80° 15 52” E-102.49’ to an iron pin & cap set; thence N. 00° 24’ 11” E. 195.29’ to an iron pin & cap set; thence S. 64° 42’ 00” E-86.57’ to an iron pin & cap set, in the western line of Lot No. 10, the Selan tract, tax parcel 98; thence with the line of said tract, S. 02° 34 00” W-211.80 to an iron pin & cap set in the “D” Street right of way and being in the northern line of Lot No. 4, the Sheets tract, tax parcel 82; thence N. 78° 08’00” W. -174.91’ to the point of beginning, being part of parcel 72 on Marion County, Paw Paw District tax map 05-20 and containing 0.427 acres more or less, as shown on that certain map or plat dated August 12, 2008, entitled “Plat Showing Property Conveyed from Frank Basile To Christopher & Georgia Welch” attached hereto. And being the same real estate conveyed to Grantors by Deed to be recorded contemporaneously herewith. There is EXCEPTED and RESERVED, however, all of the Pittsburgh vein of coal underlying the above described premises, together with all of the usual mining rights and privileges thereunto belonging, and also excepting and reserving all of the oil and gas underlying the aforesaid land, together with all the usual, proper, necessary and convenient drilling rights and privileges thereunto belonging, Grantors further Grant and Convey to Grantee any and all right, title and interest they may have to any rights of ways or easements incident to their ownership of the above described real estate. THIS conveyance is made subject to all valid exceptions, reservations, restrictions, conditions, easements, rights of way or other servitudes, if any, made retained or created in prior Deeds of record in the chain of title to the property herein conveyed. Being the same property conveyed to Ernest W. Mari by the Deed dated August 18, 2008 and recorded in Deed Book 1039, at Page 450, in the Office of the Clerk of the County Commission of Marion 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 § 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
BY: /s/Richard A. Pill
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
ID: 864226