Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed June 26, 2020, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1249, at page 1001 (the "Deed of Trust"), made by Reitz Enterprises LLC ("Grantor") to Karen M. Yokum, in her capacity as Trustee (the "Original Trustee"), predecessors in interest to Ian G. Henry and Alley J. Cook (the "Substitute Trustees" or "Trustees"), in favor of First Exchange Bank, (the "Beneficiary"), to secure the payment of a note in the amount of $106,576.00. The Deed of Trust authorizes the Trustees to act in the enforcement of said Deed of Trust, and the undersigned Trustees having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the "Real Estate") on:
March 10, 2026, AT 12:00 P.M., ON THE FRONT STEPS OF THE MARION COUNTY
COURTHOUSE, FAIRMONT, WEST VIRGINIA.
REAL ESTATE DESCRIPTION:
All of those certain lots or parcels of real estate situate in the Barnes Addition to the City of Fairmont, Fairmont District, Marion County, West Virginia, a map or plat of which Addition is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 117, at page 40, described as follows:
The following described lots or parcels of real estate situate in the Barnes Addition to the City of Fairmont, Fairmont District, Marion County, West Virginia, a map or plat of which Addition is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 117, at page 40, described as follows:
LOTS NUMBERS ONE (1) AND TWO (2) OF SAID ADDITION, beginning at a stake in a line of Locust Avenue 131.7 feet distant from the M. A. Chisler corner as designated in a deed from J. Walter Barnes and wife to S. D. Huffman, and corner to a 30-foot street (Fennimore Street) and running thence with a line of Locust Avenue, S. 73° 30' W. 85.7 feet to a stake, corner to S. D. Huffman lot; thence with the same, N. 8° W. 104 feet to a stake in the line of a 10-foot alley; thence with the line of said alley in an easterly direction 77.2 feet to a stake in the line of Fennimore Street; thence with the line of Fennimore Street, S. 13° E. 101.4 feet to the place of beginning.
TERMS OF SALE:
Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in the Trustee's opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.
The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Marion County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, Alley J. Cook, Esquire, at Dinsmore & Shohl LLP, 707 Virginia Street East, Suite 1300, Charleston, West Virginia 25301 (304) 357-0900. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary's designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
Conveyance will be made by Trustee's Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in "AS IS" condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
Given under my hand this 6th day of February, 2026.
Alley J. Cook, Esq.
Dinsmore & Shohl LLP
707 Virginia Street, East
Suite 1300
Charleston,
West Virginia 25301
Phone: 304-357-0900
Fax: 304-357-0919