NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated May 25, 2020 (the “Deed of Trust”), made by Billiejean M. Scritchfield and William M. Beavan to Appalachian Title Services, LLC, a West Virginia limited liability company, as Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1247, at Page 480, to secure Purpose Properties LLC, a West Virginia limited liability company, in the payment of the sum of $85,000.00, evidenced by a negotiable promissory note bearing even date therewith, and default having been made in the payment of said indebtedness and said Trustee having been requested in writing so to do by JN Landmark Properties LLC, a West Virginia limited liability company, as assignee of and successor in interest to Purpose Properties LLC, the owner and holder of said note, said Trustee, on
WEDNESDAY,
DECEMBER 4, 2024 AT
10:00 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 those certain lots or parcels of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Farmington Lincoln District, Marion County, West Virginia, more particularly bounded and described as follows:
TRACT ONE:
PARCEL ONE: LOT NUMBER 49, on corner of Robinson and Waldo Streets, fronting on Robinson Street 92.25 feet; on Waldo Street 106.11 feet; and with a boundary line a distance of 82.84 feet between Lot Number 50 and Lot Number 49.
PARCEL TWO: LOT NUMBER 50, fronting 63 feet on Robinson Street; 22 feet on Waldo Street; 82.84 feet on boundary line between Lot No. 49 and said Lot No. 50; and 119.48 feet on boundary line between adjoining Lot No. 51 and said Lot No. 50.
PARCEL THREE: LOT NUMBER 51, fronting on Robinson Street 10 feet and on Anderson Street 50 feet; on Waldo Street 8 feet; 119.48 feet on boundary line between adjoining Lot No. 50 and said Lot No. 51; and 116.9 feet on boundary line between adjoining Lot No. 52 and Lot No. 51.
PARCEL FOUR: LOT NUMBER 52, fronting on Anderson Street 50 feet; on Waldo Street 50.9 feet; 116.9 feet on boundary line between adjoining Lot No. 51 and said Lot No. 52; 107.57 feet on boundary line between adjoining Lot No. 52 and Lot No. 53.
PARCEL FIVE: LOT NUMBER 53, fronting on Anderson Street 50 feet; on Waldo Street 50.9 feet; 107.57 feet on boundary line between adjoining Lot No. 52 and said Lot No. 53; 98.23 feet on boundary line between adjoining Lot No. 54 and said Lot No. 53.
TRACT TWO:
PARCEL ONE: LOT NUMBER 61, beginning at a corner to Lot No. 60 of Fox Addition; thence with Waldo Street in a westerly direction of 50 feet to corner of Lot No. 62; thence with the division line between Lot No. 61 and Lot Nos. 62 and 75 of said Addition a distance of 135.1 feet intersecting a division line between Lot No. 61 and Lot No. 76 of said Addition; thence with the line of Lot No. 76 in an easterly direction a distance of 61.3 feet to corner in line of Lot No. 60 of said Addition; thence with the line of Lot No. 60 in a northerly direction a distance of 99.73 feet to the place of beginning.
PARCEL TWO: LOT NUMBER 64, beginning at a corner of Lot No. 63 on Waldo Street; thence with the said Waldo Street in a westerly direction of 70.56 feet to a walkway; thence in a southerly direction and with the line of said walkway a distance of 131.1 feet to a corner on said walkway; thence in an easterly direction and with said walkway a distance of 15.9 feet to the corner of Lot Nos. 75 and 63 of said Addition; thence in a northerly direction and with the line of said Lot No. 63 a distance of 121.37 feet to the place of beginning.
There is excepted and reserved a part of Lot No. 64 as conveyed to Anna Muzichuck by deed dated the 25th day of October, 1969, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 742, at page 41.
TRACT THREE:
THE NORTHERN PART OF LOT NO. 63 OF FOX ADDITION, beginning at a point in line of Waldo Street and common corner of Lot Nos. 63 and 64; thence with the dividing line of Lot Nos. 63 and 64 in a southerly direction a distance of 58.37 feet; thence leaving the aforesaid dividing line and crossing through Lot No. 63 in an easterly direction to a point in the dividing line of Lot Nos. 62 and 63; which point is 37.68 feet distant from the northeast corner of Lot No. 63; thence with the dividing line of Lot Nos. 62 and 63 in a northerly direction to the southerly line of Waldo Street; thence with the southerly line of Waldo Street in a westerly direction 53 feet to the place of beginning.
Being the same real estate conveyed unto Billiejean M. Scritchfield and William M. Beavan from Purpose Properties LLC, a West Virginia limited liability company, by deed dated May 25, 2020, of record in the office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1264, at Page 690.
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.
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: November 4, 2024.
APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee
P. O. Box 1089
Bridgeport, WV 26330
(304) 641-7374
[email protected]
ID: 836297