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 October 4, 2003, executed by Borrowers Reginald Ray McFann , Rodney Allen McFann and William S McFann, to Tommy J Dixon, the Trustee of record in the office of the Clerk of the County Commission of Marion County, West Virginia, in Book 783, at Page 676. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 1215 Paw Creek Rd, Rivesville, WV 26588. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 21, 2020, of record in the Clerk’s Office in Book 1250, Page 713. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees 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:
June 1, 2021
at 4:15 P.M.
All that one certain tract or parcel of land situate on the water of Paw Paw Creek, Paw Paw District, Marion County, West Virginia, a map or plat of which prepared by R. Nelson McCoy, licensed land surveyor No. 110, dated October 1984, to which reference is hereby had for a more particular description; that is to say;
Parcel No. 2. Beginning at a point on the edge of the right of way of State Secondary Road No 17 and Adjacent to parcel No 1, thence along the edge of the Road S.76 degrees 37 minutes E. 40.28 feet, S. 74 degrees 37 minutes E. 50.05 feet, S. 70 degrees 25 minutes E. 50.05 feet, S. 64 degrees 26 minutes E. 50.26 feet, S 65 degrees 54 minutes E 49.23 feet, S. 51 degrees 29 minutes E. 50.00 feet, S. 43 degrees 56 minutes E. 49.87 feet and S. 36 degrees 52 minutes E 35.14 feet to a point in other land of Grantor; thence S. 67 degrees 02 minutes W. 73.50 feet to a point in Paw Paw Creek; thence along Creek N. 52 degrees 27 minutes W. 20.52 feet, N 70 degrees 43 minutes W. 157.50 feet, N 74 degrees 02 minutes W. 117.32 feet to a point common corner of Parcel 1; thence N. 13 degrees 23 minutes E. 111.25 feet to the place of beginning containing 0.78 acres.
Being the same property conveyed to Reginald Ray McFann, Rodney Allen Mcfann and William S McFann by the Deed dated October 22, 1984 and recorded in Deed Book 856 at Page 917 in the Office of the Clerk of the County Commission of Marion County, West Virginia.
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
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
Times: May 12, 19, 2021