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 June 20, 2006, executed by Borrower(s), Donald Lee Smith and Nancy L. Smith, to Walter F. Jones, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 867, at Page 327. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of of 317 Garrett Ave, Fairmont, WV 26554. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 11, 2026, of record in the Clerk's Office in Book 1384, Page 868. 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 Marion County, in Fairmont, West Virginia, on the following date:
June 11, 2026, at 4:30 p.m.
All of that certain tract or parcel of real estate situate in the City of Fairmont, Fairmont District, Marion County, West Virginia, and shown on a plat of Garrett Avenue and Sycamore Street as Lot No. 8 in said Plat, which said map or plat is of record in the Office of the Clerk of the County Court of Marion County, West Virginia, in Deed Book No. 366, page 195, reference to which is hereby made, and said tract or parcel is more particularly bounded and described as follows:
Beginning at a stake in the northern line of Garrett Avenue at the southwest corner to Lot No. 7, as shown on said plat, and running thence with the western line of said Lot No. 7 N. 5 deg. 59 W. 135 feet to an alley; thence with the southern line of said alley, S. 84 deg. 0' W. 50 feet to the northeastern corner of Lot No. 9, as shown on said plat; thence with the easterly line of said Lot No. 9, S. 5 deg. 59' E. 135 feet to the northern line of Garrett Avenue; thence with the Northern line of said Garrett Avenue, N. 84 deg. 0' E. 50 feet to the place of beginning.
Being the same lot or parcel of real estate conveyed unto Donald Lee Smith and Nancy L. Smith, by Deed dated July 25, 1966, filed for record on August 1, 1966, in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 700, at page 17. Also being the same the same real estate conveyed unto Matthew Smith and Daisy Smith by deed dated February 24, 1956, and recorded in the aforesaid Clerk's office in Deed Book 572, at page 12.
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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]