NOTICE OF TRUSTEE’S SALE
Pierce #2 photo 1:31
To: Joshua D. Pierce and Casey R. Pierce
Notice is hereby given that pursuant to the authority of that certain Deed of Trust executed by Joshua D. Pierce and Casey R. Pierce, to the Trustee as therein named for said Lender, said Deed of Trust bearing date of the 23rd day of October, 2009, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book No. 966, at Page 23, and default having been made in the payment of the indebtedness secured by the aforesaid Deed of Trust, and further, said Lender having executed that certain 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 Friday, the 14th day of February, 2020, at 11:30 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:
TRACT ONE
All those certain lots or parcels of real estate lying and being situate in Winfield District, Marion County, West Virginia, with a known street address of 693 Bunner Ridge Road, Fairmont, West Virginia, and being more particularly described as follows, to-wit:
FIRST PARCEL:
Beginning at a point in the center of said improved road, a corner to other lands of Brooks O. Bartholow, Sr. and running thence with the center of said road, N. 48˚ 30’ E. 57.00 feet to a point in said center road a corner to the Laura Baker land; thence with the southern line of said land, S. 70˚ E. 418.00 feet to a post, a corner to the Nathaniel Hawkins land; thence with the western line of said Hawkins land, S. 5˚ E. 57.00 feet to a stake, a corner to said other land, two lines, N. about 83˚ W. 354.00 feet to a stake; and thence N. about 41˚ 30’ W. 150.00 feet to the place of beginning, together with the right to the said parties of the second part to use, along with the said parties of the first part, a right-of-way or roadway extending from said improved road to the dwelling house of the said Brooks O. Bartholow, Sr., located on the tract of land adjoining the tract hereby conveyed.
It is understood by and between the said parties hereto that the beginning corner of the tract of land hereby conveyed is located within the said private roadway or right-of- way; and the said tract of land is conveyed subject to the right of the said parties of the first part, along with the said parties of the second part, to use that portion of the private roadway, for ingress and egress to and from the said dwelling house of the said parties of the first part.
SECOND PARCEL:
Beginning at a post in line of Nathaniel Hawkins, corner to Laura Baker, and running with said Baker line, N. 70˚ 0’ W. 418.0 feet to a point in the center of the improved road; thence up said road, S. 48˚ 30’ W. 197.0 feet to a point in the center of said road; thence leaving said road and running S. 27˚ 0’ E. 380.0 feet to a stake in the line of W. O. Roger; thence with his line, S. 85˚ 0’ E. 396.0 feet to a stake in line of said Hawkins; thence with his line, N. 5˚ 0’ W. 357.0 feet to the place of beginning, containing 4.43 acres, more or less.
There is excepted and reserved from the operation of this conveyance that certain tract or parcel of real estate conveyed to Wilda B. Tackett and Richard E. Tackett, husband and wife, by Brooks O. Bartholow and Launa B. Bartholow by deed dated November 3, 1951, and of record in said Clerk’s office in Deed Book No. 512, Page 81, said tract therein described as being a parcel approximately .60 acres, more or less, reference to which deed is here made for a more particular description of said excepted parcel.
There is excepted and reserved from the operation of this conveyance, all of the rights-of-way for utility poles, ways of ingress and egress, pipe lines and any other exceptions and reservations which may have heretofore been made by prior owners in the chain of title.
Being all the same lands conveyed to Joshua D. Pierce and Casey R. Pierce, husband and wife, from Helen J. Heston, by Deed dated the 22nd day of October, 2009, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1055, at Page 294.
PERSONAL PROPERTY TO BE CONVEYED:
Manufactured Doublewide Home
2008 Colony FH VIN #SG23125AB
Title Number: CV10204
TRACT TWO
All that certain lot or parcel of real estate lying and being situate in the Orchard Hill Addition to the Town of Fairview, Paw Paw District, Marion County, West Virginia, a map or plat of which is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 121, at Page 468, with a known street address of 105 Blaker Street, Fairview, West Virginia, and being more particularly described as follows, to-wit:
PART OF LOT NUMBER FIFTY-TWO (52) in BLOCK FIVE (5) of the Orchard Hill Addition, beginning at a stake in line of Callahan Street, and thence along said street, S. 69˚ E. 73.02 feet to a point in line of Jarvis Street; thence S. 23˚ W. 55.03 feet to a post; thence N. 69˚ W. 71.10 feet to a stake; and thence N. 21˚ E. 55.00 feet to the place of beginning.
Being all the same lands conveyed to Joshua D. Pierce and Casey Kennedy by deed dated the 25th day of August, 2006, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1016, at Page 30.
These parcels of real estate will be conveyed subject to the exceptions, reservations, rights of way, conditions, and restrictions of record, affecting said real estate.
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 17th day of January, 2020.
Keith J. Pappas, Trustee
176 Fayette Street
Morgantown, WV 26505
Phone: (304) 292-0821
Fax: (304) 292-0514
[email protected]
Times: january 31, February 7, 2020