Public Notice

20200 April 10,17
NOTICE OF TRUSTEE’S SALE
Notice is given that pursuant to and under, and by virtue of the power of sale contained in, the deed of trust dated February 28, 2020, made by Everly Custom Builders, LLC, a West Virginia limited liability company (“Grantor”), as grantor, to Robert Louis Shuman, as trustee, for the benefit of and to secure Pendleton Community 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 2337 at Page 417 (“Security Instrument”), Robert Louis Shuman, in his capacity trustee under the Security Instrument (“Trustee”), will on Friday, April 24, 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 lots or parcels of land, including and together with the buildings, fixtures, improvements, and structures thereon, if any, and the appurtenances thereto, located and situate in Union District, Monongalia County, West Virginia more particularly described as follows (“Property”):
Unit Nos. 32 and 33, Phase I, Section C, Falling Water Subdivision, as more particularly shown, depicted, described, and set forth on that certain map or plat entitled Revised Subdivision Plat, Falling Water Subdivision, Phase I, Sections A, B, C, D, prepared by Ronald A. Talkington, PS #876 of Triad Engineering, Inc., of record in the Clerk’s Office in Map Cabinet 5 at Envelope 56A.
The lots or parcels were conveyed to Grantor by Mark Rich by deed dated February 13, 2020, of record in the Clerk’s Office in Deed Book 1694 at Page 776.
The lots or parcels are designated or identified as Union District Tax Map Parcels 8F-0004 and 0005.
The Property will be publicly auctioned and offered for sale and conveyed, granted, and transferred by 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, relating to, or with respect 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 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 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 cancelled, 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, without limitation, all interest, penalties, and redemption charges or fees associated therewith, if any, all excise