NOTICE OF TRUSTEE’S SALE NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Tommy J. Dixon, by that certain Deed of Trust dated February 2, 2009, executed by Borrower(s), James M Phillips, to Tommy J. Dixon, the Trustee of record in the office of the Clerk of the County Commission of Upshur County, West Virginia, in Book 492, at Page 523. Substitution of Trustee further appoints WV Trustee Services, LLC, the Trustee of record in the office of the Clerk of County Commission of Upshur County, West Virgina, in Book 668, at Page 255. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 9471 Old Elkins Road, Buckhannon, WV 26201. The borrower(s) defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Upshur County, in Buckhannon, West Virginia, on the following date: 4th day of November, 2025 at 12:00 p.m. All that certain property situated in the District of Union, County of Upshur and State of West Virginia, Two Tracts of Land, first tract containing 4 acres, more or less, second tract containing 4.6 acres, more or less, being more fully described in a Deed Volume 376 and Page 713. All those two certain tracts or parcels of land, together with the buildings and improvements thereon and the rights of way, easements and appurtenances thereunto belonging, situate on the waters of Gum Run, in Union District, Upshur County, West Virginia, bounded and described as follows: FIRST TRACT: Beginning at a planted stone on the lower or west side of the road, and in the line of the Kittle and McDonald land and Townsend tract, and running thence with their line N. 61-3/4 W. 28.2 poles crossing Gum Run to a cucumber, corner to Wamsley and Reed; thence S. 48 W. 21 poles to a planted stone with pointers; thence in a line nearly parallel with the first line 33.5 poles to a small service on the lower side of road with maple pointers; thence in a direct line along the road 21 poles to the beginning; containing 4 acres, more or less. There is reserved from and not included in this conveyance of the above described “FIRST TRACT” a triangular parcel of the eastern corner thereof, bounded and described as follows: Beginning at a planted stone on the lower or west side of the road, and in the line of the Kittle and McDonald land and Townsend tract, and running thence with their line N. 61-3/4 W. 100 feet; thence in a straight line approximately S. 4 E. 165 feet to the road; thence in a direct line along the road in a northeasterly direction 144 feet to the beginning corner, and being the triangular parcel of land of the eastern corner of the above described “FIRST TRACT” running from the eastern corner of said tract 100 feet along the northeastern boundary line and 144 feet along the southeastern boundary line of said above described “FIRST TRACT” to which description reference is here made for triangular corner thereof hereby excepted and reserved, and being the same strip or parcel of land reserved by Paul W. Fallon and Opal Fallon in the deed made by them to Carl Newlon and Icie Newlon dated April 7, 1956, recorded in the Office of the Clerk of the County Commission of Upshur County, West Virginia, in Deed Book 152 page 492, to which deed reference is also made for a description of said reservation. SECOND TRACT: Beginning at a service bush on the east side of Gum Run, corner to another lot herein conveyed; thence with one of the lines of said lot in a northwest direction 33-1/2 poles to a planted stone with pointers in the W.R. Smith line; thence with one of the Smith lines S. 48 W. 12.7 poles to a chestnut oak stump on the north side of the Staunton-Parkersburg Turnpike, also a corner to the Smith tract now owned by Homer Tenney; and thence along said turnpike S. 24-1/2 E. 32.9 poles to a stone at the forks of the road, also a corner to Bertha Simons, and thence with the public road 31-1/2 poles to the beginning, containing about 4.6 acres, more or less. The two tracts or parcels of land herein conveyed are the same two tracts or parcels of land which were acquired by said Helen D. Scott, now Helen D. Scott Browning, by inheritance upon the intestate death of her mother, Eva Pearl Griffith, on January 25, 1980, in Upshur County, West Virginia, and by deed from Iza Virginia Melecki and others dated December 31, 1980, recorded in said Clerk`s Office in Deed Book 305 page 360 and Deed Book 324 page 506, and reference is hereby made to said deed and intestacy for all pertinent purposes. 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 11-22-1. 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. BY: Jim Ashley, Limited Signing Officer WV Trustee Services, LLC McGuire Office Center 618 Tenth Street, Suite 108 Huntington, WV 25701 (304) 853-3336 [email protected]
REISENFELD & ASSOCIATES
3962 RED BANK RD
CINCINNATI
OH
45227
513-322-7833
ID: 1488257