NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, WV Trustee Services, LLC, by that certain Deed of Trust dated January 7, 2021, executed by Borrower(s), Fountain Kathy G. Arnold, to Richard A. Pill, the Trustee of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5073, at Page 348. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 604 Carriage Drive, Beckley, WV 25801. WV Trustee Services, LLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 5, 2026 of record in the Clerk's Office. 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 Raleigh County, in Beckley, West Virginia, on the following date:
12th day of June, 2026,
at 11:30 a.m.
A condominium, home unit situate in a Multi-Unit Area consisting of 1.042 acres in "Landmark III" in the City of Beckley, Raleigh County, West Virginia, as said Multi-Unit Area is shown of a map entitled "DECLARATION PLAN FOR LANDMARK III CONDOMINIUMS of MULTI-UNIT AREA CONSISTING OF 1.042 ACRES, CITY OF BECKLEY, RALEIGH COUNTY, W. VA., BY: JAMES E. COOKE, P.E., SEPT. 4, 1975, SCALE: 1" =20', and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 14, at page 61, which said condominium home unit is more particularly described a follows:
ALL of Home Unit No. 211 and patio area of the Landmark III Condominium as the same is shown on a Declaration Plan entitled "DECLARATION PLAN FOR LANDMARK III CONDOMINIUMS. OF MULTI-UNIT AREA CONSISTING OF 1.042 ACRES, CITY OF BECKLEY, RALEIGH COUNTY, W. VA., BY: JAMES E. COOK, P. E SEPT. 4, 1971, SCALE: 1" -20" and of record in the aforesaid Clerk's Office in Map Book 14, at page 61 (hereinafter called "Declaration Plan").
Together with a 20% undivided interest as tenant in common in and to the common element which are assigned to the said Home Unit No. 211 and described in "DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF A MULTI-UNIT ARE; CONSISTING OF 1.042 ACRES IN CITY OF BECKLEY, RALEIGH COUNTY, WEST VIRGINIA OF 1931, AS AMENDED", (also known as the Unit Property Act), which said Declaration is dated the 19th day of September, 1975, and of record in the aforesaid Clerk' Office in Deed Book 556, at page 662, (hereinafter called "Declaration").
Subject to the "Amended Declaration of Landmarks I, V, and VI Establishing a Plan for Condominium Ownership of a Multi-Unit Area Consisting of 5.639 Acres in the City of Beckley, Raleigh County, West Virginia, Pursuant to Chapter 36A of the Code of West Virginia of 1931 as Amended" of record in Deed Book 629 at Page 377 and the "Amended Code of Regulation for the Landmarks I, V, and VI Condominiums Multi-Unit Area Consisting of 5.638 Acres on Carriage Drive in the City of Beckley, Raleigh County, West Virginia" of record in Deed Book 629 at page 402.
AND BEING the same property conveyed unto Joseph Devono, III from Hester Ann Thacker by deed dated May 24, 2018, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 5067 at page 6576.
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.
WV Trustee Services, LLC,
Substitute Trustee
BY: /s/Jim Ashley
Jim Ashley, Limited Signing Officer
WV Trustee Services, LLC
McGuire Office Center
618 Tenth Street, Suite 108
Huntington, WV 25701
(304) 853-3336
[email protected]