NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 13, 2021, executed by Borrower(s), Jessica N Hibbard, to Merendino Law PLLC, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1284, at Page 1149. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1149 Eastwood Dr, Fairmont, WV 26554. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 20, 2023, of record in the Clerk’s Office in Book 1333, Page 672. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on the following date:
January 18, 2024 at 3:57 p.m.
All those certain parcels or lots of real estate, together with the improvements thereon, and appurtenances thereunto belonging, situate and located in Union District, Marion County, West Virginia, and being more particularly bounded and described as follows: PARCEL ONE: Beginning at a stake in an outlet 18 feet wide, a comer to land now or formerly owned by Jeanette Haught, and running thence with said outlet, S. 59° 45` W. 70 feet to a stake; thence N. 26° 45` W. 194.25 feet to a stake in line of lands of the County Court of Marion County; thence with the same, N, 59° 45` E. 91 feet to a stake, a corner to lands of Jeannette Haught; and thence with the same, S. 20° 15` E. 196 feet to the place of beginning, containing 15,600 square feet, more or less. PARCEL TWO: Beginning at a stake in the northern line of a 30 foot private roadway, which said point is located comer to property now or formerly owned by R. Marren Gross; thence along the line of said private roadway, S. 58 3/4° W. 100 feet to a stake, corner to lands now or formerly owned by Truman H. Haught; thence along the line of said land, N. 26 3/4° W. 181.65 feet to a stake, corner to lands of the County Court of Marion County; thence along the lines of said County lands, N. 59 3/4° E. 100 feet to a stake, corner to said Gross; thence along the line of said Gross, S. 26 3/4° E. 181 1/4 feet to the place of beginning. Excepted and reserved from parcel two, that property conveyed to William Russell Martin and Mary Lee Martin, husband and wife by deed recorded in the Office of the Clerk of the Comity Commission of Marion County, West Virginia, in Deed Book 690, Page 203, and being more particularly bounded and described as follows: Beginning at an iron pin in the northern line of a 30 foot private roadway, which said point is the southeast corner of property belonging to Turman H. Haught, thence along the line of said Haught property, N. 26° degrees 45 minutes W. 181.65 feet to an iron pin, which said iron pin is located in the northeast boundary of Truman Haught property and in line of lands of the County Court of Marion County; thence with line of lands of the County Court of Marion County; N. 59 degrees 45 minutes E. 50 feet to an iron pin; thence with a surveyed line, and property of the parties of the first part S. 26 degrees 45 minutes E. 181.65 feet to an iron pin, at the edge of the a foresaid private roadway; thence with line of said private roadway, S. 59 degrees 45 minutes W. 50 feet to the place of beginning, and containing 0.207 acres, more or less. The foregoing description is based upon a survey made by S. J. Burkhard, registered Civil Engineer, as shown on plat thereof, dated the 15th day of November, 1965, a copy of which plat is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 690, Page 206. Said two parcels and lots of real estate having recently been resurveyed, and combined into one tract of land, known as being land situated in the Upper Monongahela Watershed along the northern side of Route 31/21, Eastwood Drive/Bartholow Lane, Union District, Marion County, West Virginia, described as follows: Beginning at a 1” iron rod in concrete (found) in the line of County Court of Marion County, a corner to Haught (18-25-26.2), said iron rod being: N-60°-40`-15”-E-50.00` from a ¾”iron rod (found) in the line of County Court of Marion County and a corner to Haught (18-25-26.1) and Haught (18-25-26.2). Thence with the line of County Court of Marion County, N-60°-06`-27”-E-141.00` to a 5/8” X 30” iron rod (set) in the line of County Court of Marion County and a corner to Berry. Thence with the line of Berry, S-19°-53`-31”-E- 201.85` to a 5/8” X 30” iron rod (set) in the northern line of Eastwood Drive/Bartholow Lane. Thence with three northern lines of Eastwood Drive/Bartholow Lane: S-61°- 42`-39” -W-69.72` to a 5/8” X 30” iron rod (set); N-25°-48`-57”-W-13.00` to a 3/4” iron rod (found); S-61°-42`-28” W-50.30` to a 3/4” iron rod (found) a corner to Haught (18-25-26.2). Thence with the line of Haught (18-25-26.2), N-25°-47`-11”-W-182.94` to the place of the beginning, containing 0.576 acres as surveyed by Gary A. Timms, Professional Surveyor #877SU of Fairmont, West Virginia and shown on a plat of survey of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1271, at Page 1029, and made part of this description.. The meridian for all bearings in this description is based on Deed Book 952, Page 363 dated January 1990. This conveyance is made together with all buildings and improvements, rights, roads, ways, easements, privileges, appurtenances, and advantages thereunto belonging or in any way appertaining. The real estate is subject to all exceptions, reservations, easements, covenants, conditions, agreements, land use regulations, rights-of-way, restrictions, servitudes, municipal ordinances, prior out conveyances, prior conveyances of minerals and rights to extract the same, mineral severances and limitations of use as have been imposed upon such property, and those shown on all recorded plats of survey, of record affecting the real estate, to the extent the same are now in effect. Being the same lots or parcels of real estate conveyed unto Jonathon M. Merrifield and Brielle M. Nosbusch, by Georgina Deusenberry, by that General Warranty Deed dated April 9, 2007, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1023, at Page 404. Further being the same lots or parcels of real estate conveyed unto Jonathon M. Merrifield, by Brielle M. Nosbusch, by that Quitclaim Deed dated February 12, 2014, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1150, at Page 789.
And further being the same parcels of real estate conveyed unto Jessica Hibbard, by Jonathon M. Merrifield, by the Deed dated September 13, 2021 and recorded in Deed Book 1289 at Page 899 in the Office of the Clerk of the County Commission of Marion County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, 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.
4) 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.
5) 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.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
ID: 763958