Marion

Legal Notice

TRUSTEE’S SALE OF
VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated March 1, 2024, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 202400004440, in Book No. 1338, at Page 964, Brandon Martino did convey unto Robert H. Skeen, Jr., Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by PennyMac Loan Services, LLC to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on

October 16, 2024 at 1:00 PM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 11 – Lincoln District, Marion County, West Virginia, and more particularly described as follows:

PARCEL ONE:
All of the following lots or parcels of real estate, lying and being situate in the Hawkins Addition, located on the waters of Buffalo Creek, just north of the Village of Rachel, in Lincoln District, Marion County, West Virginia, a map or plat of which said Addition is of record in the Office of the Clerk of the County Court of Marion County, West Virginia, in Deed Book No. 448, at page 1, that is to say:
LOT NUMBER ELEVEN (11), in BLOCK “B” of said Addition, which said lot fronts 60 feet on Artis Street and extends back in an uniform width, a distance of 110 feet to Eva Street.
LOT NUMBER TWELVE (12), in BLOCK “B” of said Addition, which said lot fronts 60 feet on Artis Street and extends back in an uniform width, a distance of 110 feet to Eva Street.
It is understood and agreed between the parties hereto that this deed is made subject to any and all rights-of-way which may have been heretofore granted away either by the said parties of the first part, or by former owners of said real estate.
There is excepted and reserved from the operation and effect of this deed all of the Pittsburgh vein of coal in and under the lot or lots hereinabove conveyed, and all of the Pittsburgh vein of coal in and under all of the streets and alleys in the said Hawkins Addition, together with all of the mining rights and privileges which have either been heretofore granted away by the said parties of the first part or former owners or which have been heretofore excepted and reserved in former deeds forming links in the chain of title to said real estate.
LSOT: Deed Book 762, Page 861, dated June 7, 1972. Thereafter, Raymond E. Fluharty died on July 28, 2004, and Suzanne L. Fluharty died on January 26, 2023, see Will Book 497, Page 75.

PARCEL TWO:
All of the following lot or parcel of real estate, together with the improvements thereon, situated in Hawkins Addition, located on the waters of Buffalo Creek, in Lincoln District, Marion County, West Virginia, a map or plat of which said Addition is of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 448, at page 1, and reference is herein made to said plat for a more particular description, and being more particularly described as follows:
LOT NO. THIRTEEN (13) in Block “B” of said Addition, which said lot fronts 60 feet on Artis Street and extends back in a uniform width a distance of 110 feet to Eva Street.
There is excepted and reserved from the operation and effect of this Deed all of the Pittsburgh coal in and under said real estate, together with all of the mining rights and privileges which have been heretofore conveyed away by former owners or which have been heretofore excepted and reserved in former deeds forming links in the chain of title to said real estate, and reference is here now made to said deeds for a more complete description of said coal mining rights and privileges and the same are incorporated herein by reference.
LSOT: Deed Book 811, Page 101, dated May 9, 1978. Thereafter Raymond E. Fluharty died on July 28, 2004, and Suzanne L. Fluharty died on January 26, 2023, see Will Book 497, Page 75.

At the time of the execution of the Deed of Trust, this property was reported to have an address of:
29 Freeman St.
Farmington, WV 26571.

The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.

The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

TERMS: $9000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.

FEDERAL TAX LIEN: 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.

Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.

SENECA TRUSTEES, INC.
5000 Coombs Farm Drive
Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 90036

ID: 823309

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