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 May 24, 2002, executed by the Borrowers, James Harold Tucker and Judy Ann Tucker, to Heather Starcher, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 735, at Page 922. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 410 Spring Street, Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 27, 2023, of record in the Clerk’s Office in Book 1334, at Page 434. The Borrowers 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 3:57 p.m.
All those certain lots or parts of lots situated in Hamilton Addition to the City of Fairmont, in the City of Fairmont, Fairmont District, Marion County, West Virginia, a map or plat of said addition being of record in the Office of the Clerk of the County Commission of said Marion County, in Deed Book No. 75, at Page 246, that is to say: LOT NUMBER ONE HUNDRED SIXTY NINE (169), as shown and designated on the aforementioned map or plat of said Addition, fronting sixty (60) feet on Spring Street and extending back between parallel lines a distance of 171.4 feet, more or less, along line of Lot No. 170, and a distance of 165.5 feet, more or less, along line of Lot No. 168, to a twenty foot (20) foot alley. ALSO TWO (2) FEET OF LOT NUMBER ONE HUNDRED SEVENTY (170) of said addition, said two (2) feet fronting on Spring Street and extends back between parallel lines along and abutting the division line between Lots Nos. 169 and 170, a distance of 171.4 feet, more or less, to a twenty (20) foot alley. Also the right to use in common with the owners of the residue of Lot No. 170, for the purpose of ingress and egress, the concrete steps now in place, a portion of which lie within the boundaries of the parcels herein. Being the same property conveyed by John H. Williams and Sarah Williams to James Harold Tucker and Judy Ann Tucker by Deed of Correction recorded July 30, 1991 in Book 897, Page 986.
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: 767455