Marion

Legal Notice

TRUSTEE’S SALE OF
VALUABLE REAL ESTATE

The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated June 16, 2010, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 981, at Page 139, Robert F. Kincell and Nicole L. Kincell did convey unto Samuel White, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party 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 20, 2024, at 4:01 PM

The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Lincoln District, Marion County, West Virginia, and more particularly described as follows:

All of that certain lot or parcel of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being a tract of land located on the Northern side of State Route 24/1 in Dunkard Mill, Lincoln District, Marion County, West Virginia, and being more particularly bounded and described as follows:

Beginning at a 1/2” iron road with a 1-34” cap (found) in the line of Mucynioz and a corner to Patrick, thence with the line of Mucynioz, S. 0 degrees 14’ 55” E. 303.32’ to a 1/2” iron rod (found) in the line of Mucynioz and a corner to Bland; thence with three lines of Bland, S. 73 degrees 33’ 54” W. 214.00’ to a 1/2” iron rod (found), S. 73 degrees 33’ 54” W. 221.30’ to a 1/2” iron rod (found), S. 3 degrees 40’ 00” E. 190.00’ to a 1/2” iron rod (found), S. 34 degrees 47’ 32” W. 80.70’ to a 5/8” x 30” iron rod (set), S. 17 degrees 49’ 59” W. 146.12’ to a 3/4” iron pipe (found) in the northern line of State Route West Virginia 24/1; thence with the northern line of West Virginia State Route 24/1, N. 40 degrees 53’ 02” W. 459.02’ to a 5/8” x 30” iron rod (set) in the northern line of West Virginia State Route 24/1 and corner to Patrick; thence with the line of Patrick, N. 59 degrees 42’ 34” E. 951.21’ to the place of the beginning, containing 5.170 acres as surveyed by Gary A. Timms, professional surveyor No. 877SU of Fairmont, West Virginia and shown on a plat of survey attached hereto and made part of this description. The meridian for all bearings is based on the deed 846/832 dated April 13, 1953.

At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 21 Colts Foot Road, Fairview, WV 26570.

AND BEING the same real estate which was conveyed to Robert F. Kincell and Nicole L. Kincell, by Deed dated November 5, 2007, from Shaun B. Yalaz, Shauna J. Huffman, and Billie K. Yalaz, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1030, at Page 299.
The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid 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: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale.

Pill & Pill, PLLC, Substitute Trustee

Richard A. Pill, Member

P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971,
Fax (304) 267-5840, e-mail:
[email protected]

ID: 771081