NOTICE OF
SUBSTITUTE TRUSTEE’S SALE
NOTICE is hereby given that, by virtue of the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust dated the 15th day of April, 2024 executed by JOSEPH GRATSON to Merendino Law, PLLC, trustee, and The Huntington National Bank, Beneficiary, said Deed of Trust recorded in the office of the Clerk of the County Court of Marion County, West Virginia, in Trust Deed Book 1340, at Page 417 under which authority PAUL E. BISER, who was substituted as Trustee under the Deed of Trust by a Notice of Substitution of Trustee dated the 8th day of July, 2025 and recorded in the aforesaid Clerk’s office in Trustee Book 1366, at Page 280, now acts, by which was conveyed to the said Substitute Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, and default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, and Paul E. Biser having been requested so to do by the owner and holder of said note, shall sell to the highest bidder, on SEPTEMBER 12, 2025 at 2:00 o’clock p.m., at the front door of the Court House of Marion County, West Virginia, the following described real estate:
All of the following described lots or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belong, described as follows:
PARCEL ONE
Situate on Margaret Road, Mannington District, Marion County, West Virginia, described as follows:
BEGINNING at a one-half (1/2) inch rebar found in the line of Fouse and corner to Huskie Lumber Company, Inc. and Kevin Kellar, thence with the two lines of Kellar, S. 02° 44’ 26” W. 512.80 feet to a point; thence S. 46° 36’ 26” W. 33.13 feet to an iron pin set, corner to David and Carol Gooden; thence with four lines of Gooden, N. 61° 23’ 34” W. 148.76 feet to an iron pin set; thence S. 43° 36’ 26” W. 82.71 feet to an iron pin set; thence S. 51° 35’ 51” W. 123.72 feet to an iron pin set; thence S. 51° 41’ 00” W. 15.50 feet to a point in the centerline of Margaret Road; thence with 14 lines of the center of Margaret Road, N. 52° 57’ 32” W. 7.80 feet to a point; thence N. 58° 28’ 44” W. 52.46 feet to a point; thence N. 59° 03’ 34” W. 58.33 feet to a point; thence N. 61° 32’ 55” W. 67.43 feet to a point; thence N. 60° 01’ 21” W. 68.42 feet to a point; thence N. 59° 54’ 55” W. 59.48 feet to a point; thence N. 59° 39’ 38” W. 62.79 feet to a point; thence N. 54°15’ 05” W. 65.64 feet to a point; thence N. 50° 14’ 07” W. 33.43 feet to a point; thence N. 46° 30’ 57” W. 29.40 feet to a point; thence N. 47° 34’ 49” W. 13.86 feet to a point; thence N. 39° 36’ 30” W. 8.88 feet to a point; thence N. 39° 36’ 30” W. 8.88 feet to a point; thence N. 45° 22’ 16” W. 26.00 feet to a point, common corner or Huskie Lumber Company, Inc. and Mark and Gwenda Fetty; thence with one line of Fetty, N. 34° 17’ 50” E. 588.69 feet, crossing through a 5/8 inch iron pin set on the line at a distance of 17.15 feet, to the line of Ralph and Carolyn Fouse; thence with one line of Fouse, S. 69° 07’ 27” E. 506.78 feet to the place of BEGINNING, containing 9.476 acres.
PARCEL TWO
Situate in Mannington District, Marion County, West Virginia, described as follows:
A parcel situate on the waters of Big Bingamon Creek, BEGINNING at a sone in or near the creek, and running thence S. 74° W. 47 ½ poles to pointers, corner to Susan L. Shaw; thence N. 1° W. 18 poles to a stone; thence N. 33° W. 19 poles to a stone; thence N. 51° E. 7 poles to a stone; thence N. 83° E. 14 poles to a stone; thence S. 86° E. 51 ½ poles to a stone in or near the creek; thence S. 20° W. 30 ¾ poles to the place of BEGINNING, containing 12 acres, more or less.
SUBJECT TO a perpetual right of way or easement approximately 8 feet in width over the 9.476-acre parcel (Parcel One – Tax Map 57, Parcel 21) which was granted as an appurtenant easement for the 12-acre parcel (Parcel Two – Tax Map 57, Parcel 24) for the purposes of ingress, egress and regress to and from the tract to West Virginia County Route 38, as depicted on a plat attached to a deed dated July 16, 2021, recorded in Deed Book 1289, at page 29, as set forth in the hereinafter described deed to Joseph F. Gratson recorded in the Clerk’s office in Deed Book 1352, at page 912, and prior deeds in the chain of title.
TERMS OF THE SALE:
1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied, subject to the 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. 3) 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. 4) 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. 5) 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. 6) 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. 7) The total purchase price is payable to the Trustee by certified or cashier’s check within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified or cashier’s check.
GIVEN under my hand this 19th day of August, 2025.
s/ Paul E. Biser
Paul E. Biser – Trustee –
W.Va. Bar #7319
FREDEKING & BISER
LAW OFFICES, PLLC
511 Eighth Street
Huntington, West Virginia 25701
(304)525-7701
[email protected]
ID: 875704