TRUSTEE’S SALE
OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated September 1, 2011, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 201100014081, in Book No. 1011, at Page 267, Gary A Lemmon and Darlene A Lemmon did convey unto Douglas McElwee, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by Rocket Mortgage, LLC f/k/a Quicken Loans, LLC f/k/a Quicken Loans Inc. to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
February 28, 2024 at 2:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 19 – Winfield District, Marion County, West Virginia, and more particularly described as follows:
Land Situated in the County of Marion in the State of WV
FIRST PARCEL: Beginning at a stake in center of the Meadowdale – Montana Road, corner to the Third Parcel herein containing 1446 square feet, and running thence with line of said 1446 square foot parcel, S. 61 degrees E. 120 feet to a stake in line of Hayhurst property, later Conaway parcel; thence with line of said Hayhurst – Conaway property, S. 24 degrees 45 minutes (or 30 minutes) W 82.2 feet (passing an iron pin at 14.2 feet) to a stake, now iron pin, corner of land formerly of G. M. Meridith and later of Conaway; thence with line of said Meredith – Conaway land, N. 65 degrees 45 minutes W 128 feet (passing an iron pin at 73 feet) to a stake in center of said Meadowdale – Montana road; thence with center line of said Meadowdale – Montana road N. 29 degrees 30 minutes E. 92.6 feet to the place of beginning, containing 10,918 square feet, more or less, before the outconveyance of the excepted parcel hereinafter described.
There is excepted and reserved from the above parcel of real estate that certain part that was conveyed by Emily L. Huffman to Paul W. Conaway by a deed dated July 25, 1972, and recorded in the aforesaid Clerk’s Office, in Deed Book No. 763, at page 114, and being more particularly bounded and described as follows:
Beginning at a stake corner of Lots 1, 2 and 3, Conaway corner, and running thence N. 65 degrees 45 minutes W. 73 feet to an iron pin, thence N. 71 degrees 24 minutes E. 99.98 feet to an iron pin in line of Lot 1 and Paul Conaway line, and running thence with the line of Paul Conaway, S. 24 degrees 30 minutes W. 68 feet to the point and place of beginning.
SECOND PARCEL: Beginning at a stake in center of the Meadowdale – Montana road, corner to lot that was conveyed to D. Ruth Courtney by G. M. Meredith and wife, by a deed dated the 8th day of March, 1941, and of record in the aforesaid Clerk’s Office, in 364, at page 217, and running thence with center line of said Meadowdale – Montana road, S. 29 degrees 30 minutes W. 88.0 feet to a stake in corner of said road, corner to Third Parcel herein containing 1446 square feet; thence S. 61 degrees 00 minutes E. 190.3 feet (with 1446 square foot parcel for 120 feet and then with Hayhurst – later Conaway lot) to a stake in line of Poland Land; thence with line of said Poland land, N. 24 degrees 45 minutes E. 88.1 feet to a stake in line of said D. Ruth Courtney lot hereinabove referred to at the beginning of this description; thence with line of said D. Ruth Courtney lot, N. 61 degrees 00 minutes W 183.3 feet to the place of beginning, containing 16,438 square feet, more or less.
THIRD PARCEL: Beginning at a stake in center of the Meadowdale – Montana road, corner to Second Parcel herein containing 16,438 square feet, and running thence with center line of said Meadowdale – Montana road, S. 29 degrees 30 minutes W. 12.0 feet to a stake in the center of said road, corner to First Parcel containing 10,918 square feet before out conveyance; thence with lien of said 10,918 square foot parcel, S. 61 degrees 00 minutes E. 121.0 feet (or 120 feet) to line of Hayhurst, later Conaway, lot; thence with line of said Conaway lot, N. 24 degrees 45 minutes E. 12.0 feet to line of said Second Parcel herein Containing 16,438 square feet; thence with line of said 16,438 square foot parcel, N. 61 degrees 00 minutes W. 120.0 feet to the place of beginning, containing 1446 square feet, more or less. The First Parcel and Third Parcel are shown on a plat recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 763, at page 116.
Commonly known as: Rt. 2 Box 373-A, Fairmont, WV 26554
At the time of the execution of the Deed of Trust, this property was reported to have an address of:
RR 2 Box 373-A,
Fairmont, WV 26554.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $4000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
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.
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, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive
Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 87305
ID: 768000