NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated September 10, 2010, executed by the Borrower, Shawn Stephen Berry, to Richard A. Pill, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 986, at Page 684. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of RR 2 Box 260 A, Fairmont, WV 26554, and, upon information and belief, may now be known as 94 Laurel Run Road, Farmington, WV 26571. The Borrower 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 Marion County, in Fairmont, West Virginia, on the following date:
January 14, 2026, at 4:30 p.m.
ALL OF THAT CERTAIN LOT OR PARCEL OF REAL ESTATE, together with the improvements, privileges and appurtenances thereunto belonging, situate on the waters of Big Laurel Run, a branch of Buffalo Creek in Lincoln District, Marion County, West Virgina, the most recent map or plat of which is attached to this deed and being recorded herewith, and being more particularly bounded and described as follows:
Beginning at a 1" pipe (found) a corner to Dietz, thence with line of Dietz, N. 84° 57' 01" E. 688.71 feet to a 1/2" by 30-inch iron rod (set), a corner to Dietz, Dawson, and Board & Pitek, thence with a line first of Dawson, then of Conaway, and then of Morgan, S. 0° 29' 36" E. 753.37 feet to a stone (found), a corner to Morgan; thence with a line first of Morgan and then Nichols, S. 78° 00' 24" W. 857.17 feet to a stone (found), a corner to Nichols and Dietz; thence for two lines with Dietz, N. 10° 00' 19" E. 684.39 feet to a 1//2" by 30-inch iron rod (set), then N. 7° 49' 01" E. 198.70 feet to the point of beginning, containing 13.96 acres, as surveyed by Gary A. Timms, Professional Surveyor #877SU of Fairmont, West Virginia, and shown on a plat of survey dated the 21st day of March, 2006, and attached hereto and made part of this description. The meridian for all bearing in this description is based on Deed 949/239 dated August 26, 1998. The prior survey (recorded in Deed Book 736, at page 600) had described the property as containing 14.07 acres.
Being the same property conveyed to Shawn S. Berry, by Melody R. Martin, divorced and unremarried, by Deed dated the 29th day of March 2010, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1064, at page 116.
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.
/s/Richard A. Pill
Richard A. Pill, Trustee
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]