Marion

Legal Notice

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 17, 2021, executed by the Borrower, Timothy O. Brannon, to Seneca Trustees, Inc., the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1285, at Page 334. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 938 Coleman Ave., Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated August 16, 2023, of record in the Clerk’s Office in Book 1328, at Page 399. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee 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:

February 20, 2024, at 3:55 p.m.

All of the following described real estate, with the appurtenances thereon, situate, lying and being in the City of Fairmont, Fairmont District (formerly Fairmont Independent District), Marion County, West Virginia, in what is known and called the Marion Realty Company`s Pine Hills, Section No. 2 Addition to said City of Fairmont, a map or plat of said Section No. 2 being of record in the Office of the Clerk of the County Commission or Marion County, West Virginia, in Deed Book 407, at page 403, and being more particularly bounded and described as follows:

ALL OF LOT NUMBER THIRTY EIGHT (38) in said Addition and which lot fronts a distance of 60 feet on the southern line of Coleman Avenue (extension) and runs back a uniform width of 60 feet, 130 feet where it has a width of 60 feet on the rear. For a more particular description of said lot, reference is hereby made to the said plat of record as aforesaid.

Being the same real estate conveyed to Phillip M. Seyler and Natalie J. Seyler from Thomas Westfall and Mary Westfall, by deed dated the 7th day of June, 2019, and recorded in said Clerk`s Office in Deed Book 1250, at page 853.

And further being conveyed to Timothy O. Brannon from Phillip M. Seyler and Natalie J. Seyler, by deed dated the 17th day of September, 2021, and recorded in said Clerk`s Office in Deed Book 1289, at page 1083.

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: Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]

ID: 767487