Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust dated September 21, 2020, and recorded in the office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1255, Page 729, made by Courtney Ringstaff in favor of Karen Yokum, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of First Exchange Bank, in the original principal amount of One Hundred Eighty Thousand Dollars and 00/100 Cents ($180,000.00), 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, First Exchange 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 February 12, 2026, of record in the aforesaid Clerk's office in Book 1380, at page 113.
First Exchange Bank, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that Courtney Ringstaff is in default under the terms of the Deed of Trust and the Promissory Note, that the Promissory Note has been accelerated, 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 April 1, 2026 at 11:30 A.M., prevailing Eastern time, at the front door of the Marion County Courthouse, Marion County Courthouse, 219 Adams Street, Fairmont, WV 26554, certain real estate situate in Marion County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the "Real Property"):
All of the following lots or parcels of land, together with the buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Fairmont, Marion County, West Virginia, and being more particularly bounded and described as follows:
PARCEL ONE: Part of Lot No. 146, Section "E", The Garden Village, more particularly bounded and described as follows: Beginning at a point common corner to Lot No. 147, Lot No. 146, and Lot No. 69, Section "E" The Garden Village Addition, thence with the common line of Lot No. 146 and Lot No. 69, N. 30° 53' West 66.30 feet to a point; common corner of Lot No. 146, Lot No. 69 and Lot No. 145; thence with a line of Lot No. 145 and No. 146, N. 7° 33' East 96.06 feet to a point common corner of Lot No. 145, Lot No. 144 and Lot No. 146; thence with the common line of Lot No. 144 and Lot No. 146, N. 66° 38' 40" East 63.71 feet to a point common corner of Lot No. 146, Lot No. 144 and Lot No. 76; thence with the common line of Lot No. 146, Lot No. 76, Lot No. 75, Lot No. 74, and Lot No. 73, S. 23° 21' 20" East 158.06 feet to a point common corner to Lot No. 146, Lot No. 73 and Parcel "Y"; thence with common line of Lot No. 146 and Parcel "Y", N. 66° 38' 40" East 30.26 feet to a point common corner to Lot No. 147 and Lot No. 146; thence with the common line of Lot No. 147 and Lot No. 146, N. 25° 54' 07" West 10 feet and thence continuing with said common line, S. 67° 04' 23" West 73.70 feet to the beginning.
PARCEL TWO: Parcel "Y" of Section "E" The Garden Village, more particularly bounded and described as follows: Beginning at a point in the westerly right of way line of Village Way, thence S. 66° 38' 40" West 120.26 feet to a point; thence, N. 69° 27' 30" West 4.0 feet to a point common corner to Lot No. 147; thence with Lot No. 147, N. 25° 54' 07" West 190.70 feet to a point corner to Lot No. 146; thence with a line of Lot No. 146, N. 66° 38' 40" East 30.26 feet; thence with Lots No. 73, 72 and 71 S. 23° 21' 20" East 171.81 feet to the point being the southwesterly corner of Lot No. 71; thence with Lot No. 71, N. 66° 38' 40" East 100 feet to a point in said line of Village Way; thence with said line of Village Way, S. 23° 21' 20" East 20 feet to the place of beginning.
PARCEL THREE: Lot No. 147 and a part of Lot No. 146, Section "E" The Garden Village, more particularly bounded and described as follows:
Beginning at a point common corner of Lot No. 147 and Parcel "Y" of said Addition and running thence with a line of Lot No. 147, S. 18° 12' 40" West 12.12 feet; thence continuing with Lot No. 147, N. 65° 52' 40" West 114.26 feet to a point; thence N. 30° 53' West 116.37 feet to a point; thence N. 66° 38' 40" East 19.24 feet to a point; thence N. 30° 53' West 10 feet to a point corner to Lot No. 146 as subdivided; thence with the dividing line of Lots 147 and 146 as subdivided North 67° 04' 23" East 73.70 feet to a point, thence S. 25° 54' 07" East 10 feet to a point corner to said Parcel "Y"; thence with the dividing line of Lot No. 147 as subdivided and Parcel "Y", S. 25° 54' 07" East 190.70 feet to the place of beginning.
The subject property having been surveyed by Norman L. Kronjaeger, LLS No. 804, and said description is as follows:
Beginning at an iron pin located on the western right of way line of Village Way, common corner to Lot No. 71, thence with said western right of way line of Village Way, S. 23° 21' 30" East 20.00 feet to an iron pine, common corner to Lot No. 70; thence with the northwestern line of said Lot No. 70, S. 66° 38' 40" West 120.26 feet to an iron pin; thence S. 17° 16' 40" West 12.60 feet to an iron pin, common corner to Lot No. 65; thence with the line of said Lot No. 65, N. 65° 52' 40" West 116.26 feet to an iron pin; thence N. 30° 53' West 116.37 feet to an iron pin; thence N. 65° 41' 40" East 19.24 feet to an iron pin; thence N. 30° 53' West 76.30 feet to a concrete monument; thence N. 7° 33' East 96.06 feet to an iron pin; thence N. 66° 38' 40" East 63.71 feet to an iron pin, said iron pin being located in a line of Lot No. 75; thence with the lines of Lot No. 75, 74, 73, 72 and 71, S. 23° 21' 20" East 329.87 feet to an iron pin, common corner to Lot No. 71; thence with a line of Lot No. 71, N. 66° 38' 40" East 100.00 feet to the place of beginning.
There is EXCEPTED and RESERVED from this conveyance a part or portion of a lot in the Garden Village, Section E, in the City of Fairmont, Marion County, West Virginia, described in a deed from James H. Longacre and Kathleen Longacre, husband and wife, to Harry Miller and Retha Miller, husband and wife, dated May 30, 1995, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 926, at page 566, more particularly described as follows:
Part of Lot No. 147 in Section E of The Garden Village, beginning at an iron pin in the northernmost corner of Lot No. 66 in Section D, and running thence with three (3) arbitrary lines through Lot No. 147, N. 61° 34' 5" East 33.19 feet to an iron pin; thence S. 46° 15' 43" East 42.95 feet to an iron pin; S. 30° 02' 20" West 12.00 feet to an iron pin, common corner to Lot No. 65 and 66; thence with the northern line of Lot No. 66, N. 65° 52' 40" West 59.40 feet to the place of beginning, containing 1,033.46 square feet.
Subject to all valid exceptions, reservations, restrictions, conditions, easements, rights of way or other servitudes, if any, made retained or created in prior Deeds of record in the chain of title to the property herein conveyed.
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. A 10% buyer's premium, payable to Joe R. Pyle Complete Auction & Realty, LLC, will be added to the high bid for the Real Property. The buyer's premium shall be paid in cash in hand on the date of sale, regardless of how the balance of the sale price is paid. 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 § 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 Courtney Ringstaff 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 March 3, 2026.
C. Seth Wilson, Esq., Substitute Trustee