NOTICE OF TRUSTEE’S SALE
To: John J. Fallon and
The Estate of John J. Piscitelli
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by John J. Fallon and John J. Piscitelli, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 16th day of April, 1999, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 675, at Page 382, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed that certain Appointment of Substitute Trustee appointing and substituting Keith J. Pappas as the Trustee of the aforereferenced Deed of Trust instrument, and that the said Trustee has been formally instructed by said Lender, the owner and holder of the Note evidencing said indebtedness, to advertise and sell the property as hereinafter described, on the terms and provisions as more particularly set forth in said Deed of Trust. Therefore, I, Keith J. Pappas, the undersigned Trustee, will on Friday, the 10th day of August, 2018, at 11:00 a.m., offer for public sale to the highest bidder, for cash, at the main entrance of the Marion County Courthouse, situate at 219 Adams Street, Fairmont, West Virginia, the real estate as conveyed by said Deed of Trust and therein described as follows, to wit:
All those certain tracts or parcels of real estate, together with the improvements, privileges and appurtenances thereunto belonging, situate, lying and being in Sterling Heights Addition, in the City of Fairmont, Fairmont District, Marion County, West Virginia, with a known address of 122 Sterling Road, Fairmont, WV, and which real estate is more particularly described as follows:
ALL OF LOTS NUMBER ONE HUNDRED TWENTY-ONE (121), NUMBER ONE HUNDRED TWENTY-TWO (122) AND NUMBER ONE HUNDRED TWENTY-THREE (123), as more particularly set out and designated upon that certain map or plat entitled “Sterling Heights Addition to the City of Fairmont”, which map or plat was recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 258, Page 216 1/2 and which real estate is more particularly bounded and described as follows, to-wit:
LOT NUMBER ONE HUNDRED TWENTY-ONE (121): Beginning at a stake on the northeasterly side of Sterling Road, a corner to Lot No. 122; thence with the northwesterly line of said Lot No. 122, N 28˚ 26’ E 120.00 feet to a stake in the line of Wayland Street; thence with same, N 61˚ 34’ W 50.00 feet to a stake, a corner to Lot No. 120; thence with the southeasterly line of said Lot No. 120, S 28˚ 26’ W 120.00 feet to a stake in the line of said Sterling Road; thence with same, S 61˚ 34’ E 50.00 feet to the place of beginning.
LOT NUMBER ONE HUNDRED TWENTY-TWO (122): Beginning at a stake on the northern side of Sterling Road, common corner of Lots Nos. 122 and 123; thence with line of Lot No. 123, N 11˚ 14’ E 125.62 feet to a stake common corner of Lots Nos. 122 and 123 in the southern line of Wayland Street; thence with the southern line of Wayland Street, N 61˚ 34’ W 26.86 feet to a stake common corner of Lots Nos. 121 and 122; thence with line of Lot No. 121, S 28˚ 26’ W 120 feet to a stake in northern line of Sterling Road; thence with the northern line of Sterling Road, S. 61˚ 34’ E 63.01 feet to the place of beginning.
LOT NUMBER ONE HUNDRED TWENTY-THREE (123): Beginning at a stake in the northwesterly side of Sterling Road, a corner to Lot No. 124; thence with the southwesterly line of said Lot No. 124, N 5˚ 30’ W 145 feet to a stake in the line of Wayland Street; thence with same, S 78˚ 37’ W 30 feet to a stake, a corner to Lot No. 122; thence with the northeasterly line of said Lot No. 122, S 11˚ 14’ W 125.62 feet to a stake in the line of said Sterling Road; thence with same, S 61˚ 34’ E 35.01 feet to a stake; thence continuing with same, N 87˚ 44’ E 37.02 feet to the place of beginning.
Being all the same real estate conveyed to John J. Fallon and John J. Piscitelli from Daniel K. Weber and Vicki A. Weber, husband and wife, by Deed dated the 12th day of April, 1999, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 953, at Page 436. John J. Piscitelli departed this life on the 15th day of February, 2016. By virtue of the survivorship provisions set forth in the aforereferenced deed, the whole moiety of his interest then became vested solely in the survivor, John J. Fallon.
THIS SALE is made subject to any prior liens, assessments or mortgages, persons in possession and the rights of any tenants therein and said property is being sold “as is,” and “where as,” without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, whether latent or patent defects may exist therein or thereon, the existence of any defect respecting the quality or marketability of the title thereof, matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries.
TERMS OF SALE: Said real estate will be sold for cash in hand on the day of the sale or other terms as may be acceptable to Lender on said day and date. All persons intending to be present at said time and place of sale, and intending to bid, must register with Trustee, showing a valid proof of identity and evidence of source of funds or bank letter authenticating credit availability in amounts equivalent to any proposed bid, plus costs. All bids may be freely assigned to qualified parties or entities, subject to Lender’s consent. Purchaser shall pay all transfer tax stamps, property taxes, advertising, recording costs, deed preparation and closing costs incurred pursuant to said bid, purchase and transfer. The undersigned Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time.
DATED this 9th day of July, 2018.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514
[email protected]
Times: July 26 & August 2, 2018