NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated February 14, 2019 (the “Deed of Trust”), made by DBGH, LLC to Larry F. Mazza and Brian D. Gallagher, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1219, at Page 820, to secure MVB Bank, Inc. in the payment of the sum of $30,000.00, evidenced by a negotiable promissory note bearing even date therewith, and MVB Bank, Inc. being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk’s office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by MVB Bank, Inc. the owner and holder of said note, said Substitute Trustee, on
THURSDAY, MARCH 25, 2021 AT
11:15 A.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all of that certain lot or parcel of land, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Fairmont, Fairmont City Winfield District, Marion County, West Virginia, and described as follows:
BEGINNING at a 5/8” iron pin set 2.0’ from the northeast corner of Dairy Mart Store building and also being a common corner to Tract A; thence running N. 65° 00’ W. 46.68 feet to a 5/8” iron pin set; thence N. 51° 31’ 00” W. 42.66 feet to a railroad spike found at the eastern right-of-way line of Morgantown Avenue; thence with said right-of-way line, N. 32° 24’ 12” E. 65.06 feet to a 5/8” iron pin set; thence leaving said right-of-way and running with Tract A, S. 59° 46’ 45” E. 86.22 feet to a 5/8” iron pin set; thence S. 30° 13’ 15” W. 66.89 feet to the place of beginning, containing 6001.61 square feet, more or less, and designated as Tract B on a map or plat of said real estate recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 948, at Page 1134, which said map is incorporated herein by reference for all pertinent purposes.
Being the same lot or parcel of real estate described as the FIFTH TRACT conveyed to DBGH LLC by BGP Associates Limited Liability Company, a West Virginia limited liability company, by deed dated May 4, 2015, and recorded in said Clerk’s Office in Deed Book 1172, at Page 451.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made expressly subject to the lien of that certain Deed of Trust dated May 4, 2015 made by DBGH, LLC to Larry F. Mazza and Brian D. Gallagher, Trustees, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1115, at Page 44, to secure MVB Bank, Inc. in the payment of the sum of $300,000.00, evidenced by a negotiable promissory note bearing even date therewith. The sale of said property will further be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid taxes assessed against the Subject Property. The Subject Property shall be sold “AS IS” and “WITH ALL FAULTS.” The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Pursuant to the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Service will assist with the sale as auctioneer.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
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.
Dated: February 24, 2021.
APPALACHIAN TITLE SERVICES, LLC
Substitute Trustee
P. O. Box 1081
Bridgeport, WV 26330
(304) 641-7374
[email protected]
Times: march 4, 11, 2021
Sponsored by ZMM Architects and Engineers