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 December 30, 1997, executed by Borrower(s), Betty McCutcheon and Dorsey McCutcheon, to Nicholas Johnson, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 653, at Page 609. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of
Norway Rd, Fairmont, WV 26554.
Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated October 26, 2020, of record in the Clerk’s Office in Book 1260, Page 69. 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 1:02 P.M.
ALL that lot or parcel of land situate in. Grant District, Marion County, West Virginia, and bounded and described as follows:
BEGINNING at a stake or iron pin marking the boundary where three properties intersect, one being a property owned by Ruby Maxine Davis (formerly belonging to the heirs of Dorcas King), the second being a property conveyed by Perry Deem, Jr., and Anna M. Deem to Donna R. and Colin L. McGinnis by deed dated July 14, 1980, with plat attached, of record in the aforesaid County Clerk’s office in Deed Book No. 827, at page 728, and the third being the property conveyed, and running thence from said beginning point along the westerly boundary of said McGinnis (formerly Deem) property, N. 17° 48′ E. 67 feet, more or less, to southeasterly corner of property owned by Grace Elizabeth Day (formerly belonging to Tom and Ethel Day an assessed as “about 9700 square feet”), and which corner is about 104 feet distant from the southerly line of the Baltimore & Ohio Railroad right of way; thence leaving said McGinnis (formerly Deem) property and running with the southerly boundary of said Day property a distance of 86 feet, more or less, to the boundary property owned by Marvin E. and Kaien L. Jackson (formerly belonging to William Cooper); thence with the easterly boundary of said Jackson property, a distance of 67 feet, more or less, to a monument, called “a peach tree” in a deed dated March 12, 1925, from William Kirk and wife to the said Tom and Ethel Day; and running thence with the northerly line of the aforementioned Ruby Maxine Davis property (formerly Dorcas King heirs), a distance of 86 feet, more or less, to the place of beginning.
Being the same property conveyed to Betty McCutcheon by the Tax Deed dated 04/01/1991 and recorded in Deed Book 895 at Page 415 in the Office of the Clerk of the County Commission of Jefferson County, West Virginia.
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