Public Notice

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 February 21, 2024, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1684, Page 685 made by Brian Conway in favor of John E. Gompers, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of Main Street Bank, in the original principal amount of $85,289.81, plus interest thereon, and all other indebtedness arising under the Deed of Trust and Promissory Note.
Pursuant to authority granted in the Deed of Trust, Main Street Bank, the owner and holder of the Promissory Note secured by the Deed of Trust, appointed C. Seth Wilson, a resident of Monongalia County, West Virginia, to serve as Successor Trustee, by that certain Notice of Substitution of Trustee, dated October 9, 2025, of record in the aforesaid Clerk’s office in Book 1710, at page 483.
Main Street Bank, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that Brian Conway is in default under the terms of the Deed of Trust and the Promissory Note, 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 9th day of January 2026, at 10:00 AM, prevailing Eastern time, at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia 26003 , certain real estate situate in Ohio County, West Virginia, commonly known as 20 Fairfax Drive, Wheeling, West Virginia 26003 and being more particularly bounded and described as follows (hereinafter, the “Real Property”):
PARCEL ONE:
A certain piece or parcel of land situate, lying and being in the City of Wheeling, Ohio County, West Virginia, and being a part of the estate of Agnes Jane Howard, known as Howard Place, and more particularly bounded and described as follows:
Beginning at a notch in the face of the concrete retaining wall at the easterly edge of a concrete driveway known as Melvin Terrace, said point being the southwest corner of a lot or parcel of ground known as Lot No. 21, in a private unrecorded plat of Howard Place, made by C. C. Smith, Engineer, and used for purposes of description only; thence following the southerly line of said Lot No. 21, N. 65 deg 35′ East 150 feet, more or less, to the portion of said property conveyed to Agnes Jane Howard by deed of W. L. Johnson and wife, dated January 26, 1926, and of record in Deed Book No. 205, page 6; thence south 60.88 feet to a point in the northerly line of Lot No. 19, and thence with said line S. 63 deg 35′ West 150 feet, more or less, to a notch in the face of the above-mentioned retaining wall; thence with the said face of the concrete retaining wall, and the easterly edge of the concrete driveway N. 16 deg 39′ West 60.88 feet to the place of beginning. Together with all the hereditaments and appurtenances thereunto belonging.
The intention of said first party is to grant and convey to said second party all of Lot No. 20 on said unrecorded plat that was conveyed to W. L. Johnson and Stella M. Johnson, his wife, by Alice M. Seabright and Elva H. Seabright, both single, by deed dated January 7, 1926, and of record in said Clerk’s office in Deed Book No. 204, at page 159, less that portion thereof that was conveyed by the said W. L. Johnson and wife to Agnes Jane Howard by deed dated January 26, 1926, and of record in said Clerk’s office in Deed Book No. 205, at page 6.
PARCEL TWO:
All that certain parcel of land designated as Lot Numbered Twenty-one (21) in Howard Place, in the City of Wheeling. Triadelphia District, Ohio County, West Virginia, as shown upon a certain plat or map entitled “Howard Place, Wheeling, W. Va., Revised for Receivors of Fidelity Assurance Association – Receivers H. Isiah Smith, A. P. Hudson – -Revised June 22, 1946. C. C. Smith’s Son, Engineers, Wheeling, W. Va.,” which said plat or map is of record in the office of the Clerk of the County Court of Ohio County, West Virginia, and to which reference is hereby made for a more complete description of said parcel.
This conveyance is made subject to any and all exceptions, reservations, restrictions, covenants, conditions, out conveyances, reserved and/or excepted mineral rights, mineral reservations, mineral leases, mineral severances and mineral extraction rights, reserved and/or excepted mining and extraction rights, easements and rights of way referred to or contained in this Deed, any aforementioned Deeds and/or Plats, and all prior instruments of record pertaining to the subject property or by prescription or otherwise established by law.
BEING the same property conveyed to Brian Conway and Stacey Conway, husband and wife, from Patricia R. Jacobson, by Deed dated the 2nd day of December, 2018, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 972, at page 255.
BEING the same property conveyed to Brian Conway from Stacey Conway by Deed dated 21st day of February 2024, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 1060, at page 94.
TERMS OF SALE
The Real Property will be sold for (a) cash in hand on the date of sale, (b) a ten percent (10%) down payment due on the date of sale with the remaining purchase money due on or before the thirtieth (30th) day following the sale date, or (c) 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. Various rights of way and leasehold interests, whether recorded in aforesaid Clerk’s office or unrecorded, and to the extent any of the foregoing is still valid, in effect, and enforceable at the time of sale;
2. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
3. Any statutory lien or liens that may affect the Real Property;
4. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
5. 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.
6. 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).
7. All of the Real 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 Section 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.
8. In the event that there are federal tax liens against the Real Property, the United States would have the right to redeem the Real 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.
9. 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.
10. 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.
11. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
12. The sale is subject to post-sale confirmation that Brian Conway did not file 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.
13. The Trustee reserves the right to act by agent and/or attorney, as permitted by the Deed of Trust.
14. Risk of loss will pass at the time of sale. All risks of casualty pass to successful bidder at conclusion of bidding.
15. The rights of parties in possession of such Real Property, if any.
16. The undersigned Substitute Trustee shall have the right to offer such Real Property for sale and to sell, grant, convey, transfer, and dispose of such property as separate and independent lots, parcels and/or tracts or as a whole, as the Substitute Trustee shall determine, and in such order as the Substitute Trustee shall determine.
17. If the highest bidder at the auction fails to consummate the transaction, the Successor Trustee may offer the Real Property to the next highest bidder, and may proceed to do the same for each next highest bidder until one consummates the transaction, all in the Successor Trustee’s discretion and all without the need for the Successor Trustee to notice and hold a new sale.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to C. Seth Wilson, Esq., Substitute Trustee, Bowles Rice, LLP, 125 Granville Square, Suite 400, Morgantown, West Virginia 26501, Telephone: (304) 285-2500.
DATED this 2nd day of December, 2025.
C. Seth Wilson, Esq.,
Substitute Trustee
Int. Dec 19, 26, 2025, Jan 2, 2026