Public Notice

NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated October 1, 2024, executed by Borrower(s), Brian John Conway, to Showcase Title Agency, Inc., the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1693, at Page 590. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 6 Forest Park, Wheeling, WV 26003. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated June 26, 2025, of record in the Clerk’s Office in Book 1705, Page 297. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on the following date:
January 15, 2026
at 10:27 a.m.
All the following lot or parcel of land situated on the southerly side of Forest Drive, near the intersection of Spruce Street (formerly Dans Cut-Off) with the Twenty-ninth Street Boulevard, in the Village of Bethlehem, Ritchie Country District, Ohio County, West Virginia, and comprising Lot No. 25, as shown on the Map of Forest Park, which has been recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 3, at page 30, said Lot being more particularly bounded and described as follows: Beginning at a stake at the intersection of the division line between Lots 25 and 26 with a westerly line of the 13 and 5/100 acre tract of land that was conveyed by Robert J. Riley, Special Commissioner, to The Scott Lumber Company, by Deed dated December 11, 1948, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 311, at page 472, and the land now owned by the Board of Commissioners of the County of Ohio, said stake being located S. 36 40′ E. 234 and 21/100 feet from a concrete monument, formerly a gum stump, on the northerly side of Dans Cut-Off, now known as Spruce Street, as shown on the Map of Scott Lumber Company property, which is attached to said Deed of Riley to The Scott Lumber Company, said stake being also located S. 36 degrees 40′ E. 65 feet from a concrete monument in the division line between Lots 26 and 27; thence from said beginning point, with the division line between Lots 25 and 26, N. 33 degrees 38′ E. 127 and 34/100 feet to a stake in the southerly line of Forest Drive; thence leaving the division line between Lots 25 and 26 and with the southerly line of Forest Drive, the following two bearings und distances: S. 57 degrees 53′ E. 47 and 90/100 feet to a stake; thence S. 67 degrees 20′ E. 61 and 42/100 feet to a stake in the division line between Lots 24 and 25; thence leaving Forest Drive and with the division line between Lots 24 and 25, S. 51 degrees 34′ W. 166 and 52/100 feet to a stake in the division line between said 13 and 5/100 acre tract and the said land owned by the Board of Commissioners of the County of Ohio; thence with the division line between the said 13 and 5/100 acre tract and the said Board of Commissioners land the following two bearings and distances: N. 52 degrees 30′ W. 7 and 71/100 feet to a concrete monument; thence N. 36 degrees 40′ W. 52 and 29/100 feet to the place of beginning. This conveyance is made and accepted subject to the following conditions, limitations, and restrictions, which shall run with the land, and shall be binding upon the party of the second part, her heirs, personal representatives, and assigns:
1. All coal underlying the above described property, together with the mining rights thereto, is hereby excepted and reserved.
2. No balding, except as hereinafter provided shall be erected on said property, that is to say, one structure and one structure only; and which said structure shall consist of a one family residence or duplex dwelling, with the privilege of constructing a private garage therewith and which said garage shall be built into and as a part of said house or dwelling and which said one family residence or duplex dwelling with private garage therewith, must have the approval of the said The Scott Lumber Company, its successors or assigns, as to plans and design, construction, material used, cost, and the location on the lot. 3. The Scott Lumber Company, a corporation, reserves the right to itself to erect, or cause to be erected, telephone and electric lines and poles across and on the property hereby conveyed and also reserves the right to maintain and repair the same. 4. This conveyance is subject to any rights-of-way or easements of any kind and nature heretofore granted by The Scott Lumber Company or its predecessors in title. The Scott Lumber Company, a corporation, has made the following dedications which are accepted in their entirety by the party of the second part:
1. There is dedicated to the use of all of the present and future owners of lots in said Forest Park, and also to the general public, all streets, roads, alleyways, and the land lying thereunder, which said streets, roads, and alleyways are shown on said Map of Forest Park. 2. There is dedicated to the use of all of the present and future owners of lots in said Forest Park the entire water and sewerage system of said Forest Park lying outside of lot lines and consisting of sewer and water lines, drains, fire plugs and sewers, catch basins, and manholes, together with the ground in which laid. 3. There is dedicated to the use of all present and future owners of lots in said Forest Park the parcel of ground designated on said Map of Forest Park as “Plat A.” Said dedication is for the construction and maintenance of a septic tank and system, to which system all present and future owners of lots may connect thereto, upon payment of a proper charge for the making of said connections, and also upon the payment of proper yearly charge for the maintenance and operation of said septic tank and system. The party of the second part, her heirs, personal representatives, devisees, and assigns, shall bear their proportionate part of the cost of repair and maintenance of the sewerage system and septic tank in such proportion as the lot hereby conveyed bears to the total number of lots served by said sewerage system and septic tank. The said The Scott Lumber Company, a corporation, may, but without obligation to do so, as long as it is the owner of any of the lots served by said sewer system, cause such repairs as it may deem necessary to be made to said system from time to time, and the party of the second part, her heirs, personal representatives, devisees, and assigns, shall upon presentation of statement thereof, pay her proper proportionate share of the cost thereof. In the event that the said The Scott Lumber Company, a corporation, is unwilling to do so, or is no longer the owner of any of said lots, the owner of any of the said lots no served by said sewerage system may make any repairs thereto necessary to its proper operation and the owners of other lots so served, including the party of the second part, her personal representatives, heirs, devisees, or assigns, shall each pay their respective proportionate share of the cost thereof to the party making, or causing to be made, any such repairs. Said sewer system and septic tank shall be subject at all times to inspection by the Department of Health of the State of West Virginia and any repairs deemed necessary by it for the proper functioning thereof in order to protect the health of its users or the neighboring community shall forthwith be made by the owners of said lots. No lot owner shall use said sewerage system for any purpose other than that of sanitary sewerage disposal, and any use for any other purpose may be enjoined by any other owner served thereby or the said Department of Health of the State of West Virginia. These obligations shall be a covenant running with the land and binding upon the respective parties, their successors, personal representatives, heirs, devisees, and assigns. This conveyance is subject to any and all exceptions, reservations, restrictions, conditions, covenants and easements as shown on all prior Deeds of conveyance or other instruments of record. Being the same property which was heretofore conveyed to Jessica Nida by deed dated September 27, 2016 from Thomas E. Walker and Eleanor L. Walker and recorded in the aforesaid County Clerk’s office in Deed Book No. 909, at Page 672.
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 Section 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.
Pill & Pill, PLLC,
Substitute Trustee
BY: Richard A. Pill
Pill & Pill, PLLC
85 Aikens Center Edwin Miller Boulevard
P.O. Box 440 Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
Int. Dec 31, 2025, Jan 7, 2026