NOTICE OF TRUSTEE’S SALE
Notice is hereby given by the undersigned Successor
Trustee, in accordance with the provisions of that
certain Deed of Trust, dated June 30, 2015, made by James R. Barker, as Grantor, and Lorraine L. Brisell, as Trustee, of record in the Office of the Clerk
of the County Commission of Tyler County, West
Virginia, in Deed of Trust Book 198, at page 129 (the “Deed of Trust”), to secure indebtedness described therein payable to Cornerstone Bank, now known as Burke & Herbert Bank & Trust Company, a Virginia
banking corporation, in the original principal amount of
$118,800.00, as evidenced by that certain promissory note, dated June 30, 2015, made payable by James R. Barker to the order of Cornerstone Bank (together with all renewals, extensions, refinancings, consolidations, substitutions, and other modifications, the “Note”), which Deed of Trust covers certain real estate situate in Tyler County, West Virginia, more particularly
described herein; and
Pursuant to authority granted in the Deed of Trust,
Burke & Herbert Bank & Trust Company, the owner and
holder of the Note secured by the Deed of Trust,
appointed Ryan J. Kent, a resident of Wood County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee, dated
October 23, 2025, and recorded on October 31, 2025, in
the aforesaid Clerk’s office in Official Records Book 379,
at page 182.
Burke & Herbert Bank & Trust Company, the owner
and holder of the Note secured by the Deed of Trust,
has notified the Successor Trustee that James R.
Barker is in default under the terms of the Note and the
Deed of Trust, and has requested, in writing, that the
Successor Trustee sell the real property described in
the Deed of Trust at public auction, in accordance with
the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee
will offer for sale at public auction on the 2nd day of
December, 2025, at 10:00 a.m., prevailing Eastern
time, at the front door of the Tyler County
Courthouse, 121 Main Street, Middlebourne, West
Virginia, all that certain lot, tract or parcel of land,
together with all improvements, buildings, and
appurtenances thereto, situate along the south side of
State Secondary Route 20, 0.25 miles west from its
intersection with Route 20/1, on the waters of McKim
Creek, Meade District, Tyler County, West Virginia
(hereinafter, the “Real Property”):
BEGINNING at a point in the center of State Secondary
Route 20, corner to Lot 13; thence one call with Lot 13
South 11 16′ 57″ West, a distance of 1,198.56 feet,
passing a 5/8″ steel rod at 16.77 feet, to a 5/8″ steel rod,
corner to Lot 11; thence one call with said Lot 11 North
80 19′ 58″ West, a distance of 648.94 feet to a 5/8″
steel rod, corner to Lot 15; thence two calls with Lot 15
North 11 32′ 41″ East, a distance of 1,132.37 feet to a
5/8 steel rod; thence North 03 11′ 06″ West, a distance
of 487.17 feet, passing a 5/8″ steel rod at 144.64 feet
and 467.17 feet, to a point in the center of State Seco
dary Route 20; thence eight calls with Route 20, South
68 45′ 45″ East, a distance of 125.66 feet, thence South
54 30′ 40″ East, a distance of 132.26 feet; thence South
41 32′ 00″ East, a distance of 96.13 feet; thence South
34 47′ 19″ East, a distance of 214.42 feet; thence South
40 55′ 32″ East, a distance of 82.06 feet; thence South
54 55′ 01″ East, a distance of 85.73 feet; thence South
65 47′ 49″ East, a distance of 81.47 feet; thence South
77 35′ 48″ East, a distance of 67.12 feet to the true
point of beginning, containing 20.825 acres, more or
less.
And being the same property conveyed to James R. Barker by Craig H. Brown and Jacquelyn A. Brown, by Deed dated June 30, 2015, and of record in the Office of the Clerk of the County Commission of Tyler County, West Virginia, in Deed Book 493, at
page 751.
Tax Parcel Identification Number:
48-06-0013-0029-0000. Upon information and belief, the
street address of the real property is 2258 McKim Creek Road, Pennsboro, West Virginia
26415.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or
additional sale terms as the Successor Trustee, in his
reasonable discretion, determines to be appropriate or
advisable. The sale shall be further subject to the
following:
1. Real estate taxes delinquent, due or payable or to
become due and payable, all of which shall be the
responsibility of the purchaser;
2. Any statutory lien or liens that may affect the Real
Property;
3.All covenants, conditions, restrictions, reservations,
easements and rights- of-way appearing of record in the
chain of title to the Real Property, or which may be
visible from a physical inspection of the Real Property;
4. All liens and encumbrances of any nature
whatsoever, including, without limitation, liens for real
estate taxes, incinerator, sanitary and sewer charges, having priority over the Deed of Trust referred to herein;
5. The purchaser at the sale shall be responsible for
paying the costs of recording the Successor Trustee’s
Deed and the tax imposed by the State of West Virginia
on the privilege of transferring real property (the cost of
the tax stamps to be affixed to the Deed).
6. All of the property to be sold will be sold “AS IS,
WHERE IS” in the present condition and with all faults
and defects, if any, and without any warranty or
representation, express of implied. The Successor Trustee shall be under no duty to cause any existing
tenant or person occupying the Real Property to vacate
said property. The Successor Trustee will deliver a
trustee’s deed to the purchaser without any covenant or
warranty (express or implied) in the form prescribed by
W. Va. Code § 38-1-6. The Successor Trustee makes
no representations and warranties about the title to the
real estate to be conveyed. If the Successor Trustee is
unable to convey insurable or marketable title to the
purchaser for any reason, purchaser’s sole remedy is
return of deposit.
7. In the event that there are federal tax liens against the
Real 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.
8. The undersigned Successor Trustee expressly
reserves the right to reject any and all bids, and the right
to adjourn the sale from time to time without notice other
than oral proclamation at the time and place appointed
for the sale. Such adjournment may be for a period of
time deemed expedient by the beneficial owner and
shall not be construed to be a waiver of the right to
make the sale contemplated by this Notice.
9. The beneficiary of the Deed of Trust and holder of the
Note thereby secured reserves the right to submit a bid
for the Real Property at the sale, which bid may be in
the form of a credit bid.
10. The successful bidder will be required to execute a
memorandum of sale upon the acceptance of the
successful bid by the Successor Trustee.
11. The sale is subject to post-sale confirmation that
none of the grantors filed for bankruptcy protection
before the conclusion of bidding, in which case the sale
will be null and void and the purchaser’s sole remedy, at
law or in equity, will be return of deposit without interest.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Ryan J. Kent, Successor Trustee, 501 Avery Street, Parkersburg, West Virginia 26101, telephone (304) 485-8500.
18073491.1
DATED: November 7, 2025.
/s/Ryan J. Kent
Ryan J. Kent, Successor Trustee
5665