NOTICE OF TRUSTEE’S SALE

To: Josh Daft, aka Joshua L. Daft

Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Joshua L. Daft, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 25th day of April, 2011, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 1002, at Page 587, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed and recorded an Appointment of Substitute Trustee appointing and substituting Keith J. Pappas as the Trustee of the aforereferenced Deed of Trust instrument, and that the said Trustee has been formally instructed by said Lender, the owner and holder of the Note evidencing said indebtedness, to advertise and sell the property as hereinafter described, on the terms and provisions as more particularly set forth in said Deed of Trust. Therefore, I, Keith J. Pappas, the undersigned Trustee, will on Thursday, the 8th day of February, 2024, at 11:00 a.m., offer for public sale to the highest bidder, for cash, at the main entrance of the Marion County Courthouse, situate at 219 Adams Street, Fairmont, West Virginia, the real estate as conveyed by said Deed of Trust and therein described as follows, to wit:

All those certain lots or parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Lincoln District, Marion County, West Virginia, with a known address of 1085 Jamison Road, Farmington, West Virginia, described as follows:

FIRST PARCEL: ALL OF LOT NUMBER FIVE (5), LOT NUMBER SIX (6), AND LOT NUMBER SEVEN (7), as shown on Plat C of the Partition of the Lands of Eleanor Talkington, which plat is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 280, at page 189, and also shown on a map or plat dated August 25, 1978, of record in said Clerk’s office in Deed Book No. 813, at page 1060, and which three lots together comprise a parcel bounded and described as follows:

Beginning at a point in Laurel Run, the southeast corner to lot containing 0.25 acre now or formerly owned by Lewis R. Daft, and running thence with Laurel Run S. 3° E. 198.0 feet to a point in said run; thence S. 35° E. 66.0 feet to a point in said run; thence S. 33° W. 132.0 feet to a point in said run; thence S. 2° W. 16.5 feet to a pipe, corner to property now or formerly owned by George Noshagya; thence leaving said run and running with Noshagya, N. 84° 45’ W., crossing West Virginia Secondary Route No. 15, a distance of 1,146.5 feet to an iron pipe; thence N. 8º 30’ E. 198.0 feet to a hickory, corner to Lot No. 8 of the Talkington partition, thence with the line of lands now or formerly owned by Boone, N. 87° E., again crossing West Virginia Secondary Route No. 15, a distance of 1,155.0 feet to the place of beginning, containing 7.88 acres, more or less.

SECOND PARCEL: Beginning at a nail at or near the center of West Virginia Secondary Route No. 15, known as the Farmington to Fairview Pike, and running thence with the northerly boundary of property now or formerly owned by Elmer T. Whitecotton, Jr., and Elizabeth M. Whitecotton, S. 87° W. 1,080.75 feet to a hickory; thence N. 8º 30’ E. 66.0 feet to an iron pipe, corner to lands now or formerly owned by John C. Jones; thence with Jones, N. 83° E. 1,133.55 feet to a nail in West Virginia Secondary Route No. 15; thence with said road, S. 12° 15’ E. 138.0 feet to the place of beginning, containing 2.375 acres, more or less; and being a part of Lot No. 8 as shown on Plat C of the partition of the lands of Eleanor Talkington, which plat is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 280, at page 189. A plat of the real estate hereby conveyed, dated August 25, 1978, is of record in said Clerk’s Office in Deed Book No. 813, at page 1064.

Being the same real estate that was conveyed unto Josh Daft from Mary Ellen Craig, fka Mary E. Lange, widow and not remarried, by deed dated November 30, 2010, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1074, page 185 and re-recorded in the aforesaid Clerk’s office in Deed Book 1083, page 229.

THIS SALE is made subject to any prior liens, assessments or mortgages, persons in possession and the rights of any tenants therein and said property is being sold “as is,” and “where as,” without any representation or warranty, express or implied, as to the condition of the improvements, the availability of utilities, whether latent or patent defects may exist therein or thereon, the existence of any defect respecting the quality or marketability of the title thereof, matters which would be revealed by an accurate survey or visual inspection of the premises, the improvements thereon and its boundaries.

TERMS OF SALE: Said real estate will be sold for cash in hand on the day of the sale or other terms as may be acceptable to Lender on said day and date. All persons intending to be present at said time and place of sale, and intending to bid, must register with Trustee, showing a valid proof of identity and evidence of source of funds or bank letter authenticating credit availability in amounts equivalent to any proposed bid, plus costs. All bids may be freely assigned to qualified parties or entities, subject to Lender’s consent. Purchaser shall pay all transfer tax stamps, property taxes, advertising, recording costs, deed preparation and closing costs incurred pursuant to said bid, purchase and transfer. The undersigned Trustee reserves the right to continue said sale from time to time and to reject any and all bids or offers at any time.

DATED this 16th day of January, 2024.

Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514
[email protected]

ID: 768214