NOTICE OF TRUSTEE’S SALE

NOTICE OF TRUSTEE’S SALE
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 November 15, 2001, executed by Borrower(s), Cathy R. Barnes and Joseph Lynn Barnes, her husband, to W. Brad Sorrells, Attorney At Law, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 720, at Page 375. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of
Route 4 Box 453,
407 Powell Rd, Fairmont, WV 26554.
Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 1, 2017, of record in the Clerk’s Office in Book 1179, Page 980. 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:
January 13, 2021 at 1:00 P.M.
All of that certain parcel of ground situate in Union District, Marion County, West Virginia, a map or plat of which is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 478, at page 409, more particularly described as follows:
BEGINNING at a stump in the public road leading to Powell, and thence with two lines with Russell Goodwin as follows: S. 60° E. 150 feet to a stone; S. 3° 20′ E. 279 feet to a stone in the original line with Rolugh Cheuvront; thence with his line as follows, N. 60° 15′ W. 218 feet to a small drain in said road; and thence with the road, N. 9° 15′ E. 198.23 feet to the place of beginning, containing one acre, more or less.
Said property was re-surveyed by Lemley Technologies, Charles A. Lemley, Jr., P.S. 1489, on October 9, 2001, and is bounded and described as follows:
BEGINNING at a top center of an existing concrete culvert being a common corner to the lands of Martinka Coal Company (Tax Map 03-34, Parcel 16) and within the road right-of-way, thence within the road right-of-way, N. 09° 15′ 00″ E. a distance of 198.23 feet to a P/K nail (set) being a common corner with the lands of Franklin Real Estate Co. and being within the road right-of-way; thence with the Franklin Real Estate Co. lands, S. 79° 50′ 26″ E. a distance of 143.43 feet passing over a 5/8″ iron pin (set) at 30 feet, to a 5/8″ iron pin (set) being a common corner with the lands of Franklin Real Estate Co.; thence with the Franklin Real Estate Co. lands, S. 03° 20′ 00″ E. a distance of 279 feet (passing over a 5/8″ iron pin (set) at 127.16 feet) to a 5/8″ iron pin (set), being a common corner with the lands of Franklin Real Estate Co. and being within the property line of the lands of Martinka Coal Company; thence with the Martinka Coal Company lands, N. 60° 15′ 00″ W. a distance of 218 feet to the point of beginning, containing 0.91 acres, more or less, as set forth on said map or plat thereof by Lemley Technologies, and which is incorporated herein for all pertinent purposes.
And being the same property that was conveyed unto Cathy R. Barnes and Joseph Lynn Barnes by Carl Edward Fast, by deed dated August 20, 2001, and found of record in said Clerk’s Office at Deed Book 971, page 113.
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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
Times: December 23, 30, 2020, January 6, 2021