VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated April 15, 2024, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Document No. 202400006236, in Book No. 1340, at Page 417, Joseph Gratson did convey unto Merendino Law, PLLC, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by The Huntington National Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, on
January 21, 2026 at 1:00 PM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in 12 – Mannington District, Marion County, West Virginia, and more particularly described as follows:
All of the following described lots or parcels of real estate, together with the improvements thereon and appurtenances thereunto belonging, described as follows:
PARCEL ONE
Situate on Margaret Road, Mannington District, Marion County, West Virginia, described as follows:
Beginning at a one-half (1/2) inch rebar found in the line of Fouse and corner to Huskie Lumber Company, Inc. and Kevin Kellar, thence with two lines of Kellar, S. 02° 44' 26" W. 512.80 feet to a point; thence S. 46° 36' 26" W. 33.13 feet to an iron pin set, corner to David and Carol Gooden; thence with four lines of Gooden, N. 61° 23' 34" W. 148.76 feet to an iron pin set; thence S. 43° 36' 26" W. 82.71 feet to an iron pin set; thence S. 51° 35' 51" W. 123.72 feet to an iron pin set; thence S. 51° 41' 00" W. 15.50 feet to a point in the centerline of Margaret Road; thence with 14 lines of the center of Margaret Road, N. 52° 57' 32" W. 7.80 feet to a point; thence N. 58° 28' 44" W. 52.46 feet to a point; thence N. 59° 03' 34" W. 58.33 feet to a point; thence N. 61° 32' 55" W. 67.43 feet to a point; thence N. 60° 01' 21" W. 68.42 feet to a point; thence N. 59° 54' 55" W. 59.48 feet to a point; thence N. 59° 39' 38" W. 62.78 feet to a point; thence N. 54° 15' 05" W. 65.64 feet to a point; thence N. 50° 14' 07" W. 33.43 feet to a point; thence N. 46° 30' 57" W. 29.40 feet to a point; thence N. 47° 34' 49" W. 13.86 feet to a point; thence N. 39° 36' 30" W. 8.88 feet to a point; thence N. 39° 36' 30" W. 8.88 feet to a point; thence N. 45° 22' 16" W. 26.00 feet to a point, common corner of Huskie Lumber Company, Inc. and Mark and Gwenda Fetty; thence with one line of Fetty, N. 34° 17' 50" E. 588.69 feet, crossing through a 5/8 inch iron pin set on the line at a distance of 17.15 feet, to the line of Ralph and Carolyn Fouse; thence with one line of Fouse, S. 69° 07' 27" E. 506.78 feet to the place of beginning, containing 9.476 acres.
PARCEL TWO:
Situate in Mannington District, Marion County, West Virginia, described as follows:
A parcel situate on the waters of Big Bingamon Creek, beginning at a stone in or near the creek, and running thence S. 74° W. 47 1/2 poles to pointers, corner to Susan L. Shaw; thence N. 1° W. 18 poles to a stone; thence N. 33° W. 19 poles to a stone; thence N. 51° E. 7 poles to a stone; thence N. 83° E. 14 poles to a stone; thence S. 86° E. 51 1/2 poles to a stone in or near the creek; thence S. 20° W. 30 3/4 poles to the place of beginning, containing 12 acres, more or less.
GRANTORS for the consideration aforesaid further grant and convey unto the GRANTEE, his heirs, successors and assigns, a perpetual right of way or easement approximately 8 feet in width over, across and through that certain real estate described as 9.476 acres Quaker Fork, Grangeville, Mannington District, and being Parcel 21 of Marion County Tax Map 12-57, and more particularly described in that certain deed of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1174, at Page 863, to which deed reference is hereby made for all pertinent purpose, and which right of way or easement shall be for purposes of ingress, egress and regress to and from the tract or parcel of real estate herein conveyed and West Virginia County Route 38, which right of way or easement is depicted and shown on Exhibit recorded as part and parcel to that Deed dated July 16, 2021, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1289, at Page 29, which is a made a part hereof.
This conveyance is made together with all buildings and improvements, rights, roads, ways, rights-of-ways, easements, privileges, appurtenances, and advantages thereunto belonging or in any way appertaining.
The real estate is subject to all exceptions, reservations, easements, covenants, conditions, leases, agreements, land use regulations, rights-of-ways, leases, restrictions, servitudes, municipal ordinances, prior out conveyances, prior conveyances of minerals and rights to extract the same, mineral severances and limitations of use as have been imposed upon such property, and those shown on all recorded plats of survey, of record affecting the real estate, to the extent the same are now in effect.
Parcel One, being the same lot or parcel of real estate conveyed to Brandon W. Fouse, by Ralph E. Fouse and Carolyn S. Fouse, by that General Warranty Deed dated June 29, 2015, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1174, at Page 863.
Parcel Two, being the same lot or parcel of real estate conveyed to Brandon Wayne Fouse and Elizabeth Suzanne Fouse, by Brandon Wayne Fouse, by that General Warranty Deed dated July 16, 2021, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book 1289, at Page 27.
Further being the same lots or parcels of real estate conveyed to Joseph F. Gratson, by Brandon W. Fouse, also known as, Brandon Wayne Fouse, and Elizabeth Suzanne Fouse, by Deed to be recorded simultaneously with the recording of this Deed of Trust.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 28 Margaret Rd, Mannington, WV 26582.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk's Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $9000.00 in cash and/or certified funds as deposit at the time of sale with the balance due and payable within 30 days of the day of sale.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the 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.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA TRUSTEES, INC.
5000 Coombs Farm Drive,
Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 94582