NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by the virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated May 13, 2004, executed by the Borrowers, Robin Fitzwater and Lawrence Fitzwater, to Janet Philips, the Trustee, of record in the Office of the Clerk of the County Commission of FAYETTE County, West Virginia, in Book 714, Page 52. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RT 31 Smokey Branch Road, Danese, WV 25831. Pill & Pill, PLLC was appointed as Substitute Trustee by a SUBSTITUTION OF TRUSTEE dated February 20, 2024, of record in the Clerk's Office in Book 1092, at Page 749. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of FAYETTE, in Fayetteville, West Virginia on the following date:
March 5, 2026 at 2:02 p.m.
'THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN SEWELL MOUNTAIN DISTRICT,
FAYETTE COUNTY, WEST VIRGINIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS
THE SURFACE OF THE FOLLOWING REAL ESTATE SITUATE IN SEWELL MOUNTAIN DISTRICT OF FAYETTE COUNTYWEST VIRGINIA, AND IS BOUNDED AND DESCRIBED AS FOLLOWS
FIRST TRACT
BEGINNING AT A WHITE OAK BY THE CRICKMER ROAD, A CORNER TO THE ORIGINAL TRACT; THENCE S. 85 W. 445 FEET TO AN IRON PIPE, CORNER TO THE 3.65 ACRE TRACT; THENCE WITH A.LINE OF SAID TRACT, DUE NORTH 491 FEET TO AN IRON PIN, CORNER TO SAID TRACT, AND FORD; THENCE LEAVING SAID TRACT AND RUNNING WITH FORD S.82 E. 659 FEET, (CROSSING THE 0.6 ACRE TRACT) TO A STAKE WITHA BLACK OAK POINTER AT THE EDGE OF THE COUNTY ROAD; THENCE WITH SAID COUNTY ROAD TO THE MOST SOUTHERN CORNER TO THE 0.6 ACRE TRACT,IN A LINE OF 'THE 25.5 ACRE TRACT;THENCE WITH A LINE OF SAID 25.5 ACRE TRACT S, 15-57 W TO THE BEGINNING, CONTAINING 5.6, FIVE AND SIX TENTHS ACRES, MORE OR LESS, AND BEING THE REMAINDER OF THE 25.5 ACRE; AND 0.6 OF AN ACRE THAT WAS CONVEYED TO ERVIN MARTIN BY WG COLE AND PEARL COLE, HIS WIFE, BY DEED DATED THE 26TH DAY OF MAY, 1943, AND RECORDED IN DEED BOOK NO. 103 AT PAGE 431.
SECOND TRACT;
BEGINNING AT AN IRON PIPE CORNER TO THE TRACT; AND WITH SAME S. 87 E. 264 FEET TO AN IRON PIPE; THENCE DUE SOUTH 491 FEET TO AN IRON PIPE ON'THE ORIGINAL LINE; AND WITH SAME N. 85 W. 397 FEET TO AN IRON PIPE ONTHE LINE; THENCE N. 17 E. 475 FEET TO THE BEGINNING, CONTAINING 3.65 ACRES, MORE OR LESS.
MAP 109
PARCEL 23
BY FEE SIMPLE DEED FROM HENRY E. SHUCK AND SALLIE F. SHUCK, HIS WIFE AS SET FORTH IN BOOK 475, PAGE 92 DATED 03/08/1990 AND RECORDED 03/23/1990, FAYETTE COUNT'Y RECORDS, STATE OF WEST VIRGINIA.
TERMS OF SALE:
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 § 11-2-1.
3)The Beneficiary and/or 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 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 foreclosure sale will be deeded 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 percent (10%) of the total purchase price payable to the Trustee at sake.
Pill & Pill, PLLC, Substitute Trustee
BY:/s/Richard A. Pill
Richard A. Pill, Esq.
Pill & Pill, PLLC
85 Aikins Center, Edwin Miller Blvd.
P.O. Box 440
Martinsburg, WV 25402
Phone: (304) 263-4971
Fax: (304) 267-5840
[email protected]