NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Substitute Trustee, pursuant to the authority vested in the undersigned Substitute Trustee, Jeffery W. Lilly, by notice of Substitution of Trustee Under Deed of Trust (hereinafter “Substitution of Trustee”), which notice is of record in the Office of the Clerk of the County of Commission of Marion County, West Virginia, in Deed Book 1325 at Page 322 and in accordance with the provisions of that certain Deed of Trust dated May 8, 2005, executed by Anita M. White, Grantor/Borrower, to H. Douglas Widney, Trustee, which Deed of Trust is of record in the Office of the Clerk of Marion County, West Virginia, in Trust Deed Book 833 at Page 410, (hereinafter the “Deed of Trust”), to secure indebtedness described therein to payable to Fairmont Federal Credit Union – Mannington Branch, in the original principal amount of $55,250.00 (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, hereinafter “the Note”), which said Deed of Trust covers certain real estate situate in Marion County, West Virginia, more particularly described below; and
Pursuant to authority granted in the Deed of Trust, Fairmont Federal Credit Union – Mannington Branch, the owner and holder of the Note secured by the Deed of Trust, appointed Jeffery W. Lilly, a resident of the State of West Virginia, to serve as Substitute Trustee, by the aforementioned Substitution of Trustee, of record in the Office of the Clerk of the County of Commission of Marion County, West Virginia, in Deed Book 1325 at Page 322;
Fairmont Federal Credit Union – Mannington Branch, the owner and holder of the Note secured by the Deed of Trust, has notified the Substitute Trustee that Anita M. White is in default under the terms of the Note, and that Anita M. White is in default under the terms of the Deed of Trust, and has requested, in writing, that the undersigned Substitute Trustee sell the real property described below, in accordance with the term of the Deed of Trust and applicable law; and
Therefore, please TAKE NOTICE that the undersigned Substitute Trustee will offer for sale to the highest bidder, subject to all terms of sale set forth herein and additional terms of sale announced at the sale, if any, at public auction on the 2nd day of October, 2023, at 10:00 a.m., prevailing Eastern time, at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia, the real property described in the Deed of Trust, which real property (hereinafter “the Real Property”) is more particularly designated and described as follows:
All the following described lots or parcels of real estate, together with the buildings and other improvements located thereon and all singular of the privileges and appurtenances thereunto belonging, situated and located in the Homewood Addition to the City of Mannington, Mannington 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. 234, at page 212, that is to say:
FIRST PARCEL: Lot Number Fourteen (14), in Block “J”, fronting 40 feet on Meadow Avenue and extending back therefrom a distance of 115 to an alley.
SECOND PARCEL: Part of Lot number Fifteen (15), in Block “J”, fronting 20 feet on Meadow Avenue and extending back 115 to an alley, being one-half (½) part of said Lot No. 15 which lies next adjacent to said Lot No. 14, in said Block “J”.
Being the same lots or parcels of real estate conveyed unto Anita M. White, from Matthew D. Lynch and Sarah Jane Lynch, by deed dated April 28, 2005, recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 1003, at Page No. 231.
Mannington City District, BLK J LT 14 & ½ LOT 15 MEADOW AVE (PLAT 234-212) Map #11, Parcel #76, Marion County, West Virginia.
Upon information and belief, the Real Property is locally known as 410 Meadow Avenue, Mannington, West Virginia 26582.
TERMS OF SALE
1. The Real Property will be sold for cash in hand paid on the date of the sale, or under any different, other or additional sale terms as the Substitute Trustee, in his or her reasonable discretion, determines to be appropriate or advisable.
2. The sale of the Real Property will be subject to any and all assessments and any and all taxes against said Real Property of any kind, whether real estate taxes or otherwise, whether said assessments and/or taxes are delinquent, due or payable or to become delinquent, due or payable.
3. The sale of the Real Property will be subject to any and all liens and encumbrances of any nature whatsoever, including, but without limitation, statutory liens, liens for real estate taxes, incinerator charges, sanitary and sewer charges, or other liens of any kind that may affect the subject Real Property, having priority over the Deed of Trust referred to herein.
4. The sale of the Real Property will be subject to all covenants, conditions, restrictions, reservations, easements and rights-of-way and all other documents of any kind appearing of record in the chain of title to the subject Real Property, or which may be visible from a physical inspection of the subject Real Property.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Substitute Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed), including, but not limited to the tax imposed by West Virginia Code § 11-2-1, et seq.
6. All of the subject Real Property will be sold in AS IS AND “WHERE IS” in the present condition and with all faults and defects of any kind, if any, and without any warranty and/or representation of any kind, express or implied. The Substitute Trustee makes no representations and/or warranties of any kind or character including, but not limited to, the condition of the Real Property or the title to the Real Property to be conveyed. The Substitute Trustee will deliver a trustees deed to the purchaser without any covenant and/or warranty of any kind (express or implied) in the form prescribed by W.Va. Code ‘ 38-1-6 upon receipt of the purchase price. If the Substitute Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit, without interest.
7. The Substitute Trustee shall be under no duty to cause any existing tenant(s) or person(s) occupying the Real Property to vacate said property.
8. In the event that there are federal tax liens against the Real 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.
9. The undersigned Substitute Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale, for a time, and/or from time to time, without further notice other than by oral proclamation or announcement at the time and place appointed for the sale described above. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
10. The beneficiary of the Deed of Trust and the holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, whether through the Substitute Trustee or otherwise, which bid may be in the form of a credit bid.
11. The successful bidder will be required to execute a memorandum of sale upon acceptance of the successful bid by the Substitute Trustee.
12. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of the bidding, in which case the sale will be null and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to the Substitute Trustee, Jeffery W. Lilly, 400 Locust Avenue, Fairmont, West Virginia 26554, telephone (304) 363-4260.
Dated this 30th day of August, 2023.
/s/ Jeffery W. Lilly
Jeffery W. Lilly, Substitute Trustee
ID: 735653