NOTICE OF TRUSTEE’S SALE
To: Nathan J. Schimonsky and
Ashley D. Rush
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Nathan J. Schimonsky and Ashley D. Rush, to the Trustees as therein named for said Lender, said Deed of Trust bearing date of the 7th day of July, 2016, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 1149, at Page 861, 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 Fixed/Adjustable Rate 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 Wednesday, the 21st 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 of the following described tract or parcel of real estate, together with the improvements thereon, and appurtenances thereunto belonging, situate, and being in Winfield District, Marion County, West Virginia, with a known address of 2 Mudlick Run Road, Fairmont, West Virginia, more particularly bounded and described as follows:
BEGINNING at a ½” iron pin set in the division line between the lands of Michael or Martha Widmayer and a tract owned by John and Patricia Schimonsky, said point being located N. 10-48-51 E. 413.17 feet from a set stone corner (found), an original corner between said tracts; thence running with a portion of said division line, N. 10-48-51 E. 816.01 feet to a ½” iron pin set in said division line, said point being located S. 10-48-51 W. 248.89 feet from a track spike in the center of the aforesaid county road, a common corner between said Widmayer and Schimonsky lands; thence running with three arbitrary lines through the lands of Widmayer, S. 76-02-21 E. 315.80 feet to a ½” iron pin set, thence S. 23-11-18 W. 460.48 feet to a ½” iron pin set, thence S. 42-39-09 W. 410.69 feet to the place of beginning, containing 3.67 acres.
Being the same real estate conveyed to Nathan J. Schimonsky and Ashley D. Rush from Nathan J. Schimonsky, by deed dated the 7th day of July, 2016, recorded in the Office of the Clerk of the County Commission of Marion County, in Deed Book 1195, at Page 264. Further, being the same real estate conveyed to Nathan J. Schimonsky from Michael Widmayer and Martha Widmayer, by deed dated the 26th of May, 1998, recorded in the aforesaid County Clerk’s office, in Deed Book 947, at Page 618.
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 30th 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: 771140