NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated October 30, 2007 (the "Deed of Trust"), made by Fairmont Community Development Partnership, Inc. to Mary B. Sansalone and Harry A. Smith, III, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 911, at Page 937, to secure Freedom Bank, Inc. in the payment of the sum of $300,000.00, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, Inc. being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk's office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Freedom Bank, Inc., the owner and holder of said note, said Substitute Trustee, on
TUESDAY, JULY 14, 2026
AT 10:15 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all that certain lot or parcel of real estate together with the improvements thereon and the appurtenances thereunto belonging situate, lying and being in City of Fairmont, Fairmont District, Marion County, West Virginia and which lot or parcel of real estate is described as follows, to wit:
Beginning at a point marking intersection of the west line of Abbott Street (formerly known as Morgantown Street) with the north line of Chicago Street, thence along said line of Abbott Street, N. 22° 20' W. 42 feet to a point, thence S. 67° 40' W. 110.19 feet to a point in the center of a 11 foot alley used in common between the owner of the within described lot and the owner of the lot next adjoining on the west, thence along the center of said alley, S. 26° 40' E. 35.56 feet to a point, marking intersection of said center line of alley with said line of Chicago Street, thence along said line of Chicago Street N. 71° 09' E. 107.70 feet to the point and place of beginning; said premises being known as No. 129 Abbott Street, according to the survey made by Talbott & Bailey Engineers, under date of October 1925; and being further known as a part of Lots D, E, and F of the Elmus Hamilton Heirs Addition, a map of same being recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 148, at page 243.
Subject however, to a strip of land 5 1/2 feet wide and extending across the entire rear end of the above described lot for a distance of 35.56 feet to be used together with a similar strip off of the lot next adjoining on the west as an alley way in common between the owners of the two said lots.
Being the same real estate conveyed unto Fairmont Community Development Partnership, Inc., a West Virginia non-profit corporation, from Delanda McKinney Walton, formerly Delanda D. McKinney, and Renee McKinney Walker, by deed dated December 9, 2002, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 981, at Page 144.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier's check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all real estate taxes, charges, or assessments levied or assessed against the Subject Property.
The Subject Property shall be sold "AS IS" and "WITH ALL FAULTS." The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Limited Liability Company will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
Dated: June 12, 2026.
APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee
P. O. Box 1089
Bridgeport, WV 26330
(304) 641-7374