Public Notice

20238 April 15, 22, 29
NOTICE OF SUCCESSOR TRUSTEE’S SALE OF REAL PROPERTY
Notice is hereby given that, by virtue of the authority vested in the undersigned James M. Davis, Esq., as Successor Trustee, by Deed of Trust made and executed by Woodline Properties, LLC, a West Virginia limited liability company, to Jennifer A. Davis, as Trustee, dated November 1, 2022, recorded in the office of the Clerk of the County Commission of Monongalia County, West Virginia, in Trust Deed Book 2543, at page 343 (the “Deed of Trust”); and the said James M. Davis, Esq., acting as Successor Trustee under and by virtue of a certain Appointment of Successor Trustee, dated September 11, 2025, and recorded in the aforesaid Clerk’s Office in Book 2667, page 292, and default having been made in the payment of the note secured by the Deed of Trust, the owner and holder of said note, having elected to treat the whole principal debt secured by the Deed of Trust as immediately due and payable and having requested in writing the sale of the real estate conveyed by the Deed of Trust;
NOW, THEREFORE, the undersigned Successor Trustee, having been required so to do by said holder, First Exchange Bank (“Beneficiary”), will sell the real estate conveyed by the Deed of Trust (the “Property”) at a public auction (the “Auction”) to the highest bidder at the front door of the Courthouse of Monongalia County, West Virginia, in Morgantown, West Virginia (“Courthouse”), on May 5, 2026, at 11:00 a.m., local time.
The Property is more particularly described in the Deed of Trust as follows:
All of the following described real estate, together with the buildings and improvements situate thereon and appurtenances thereunto belonging, situate, lying and being in Union District, Monongalia County, West Virginia, and more particularly bounded and described as follows:
PARCEL ONE: Beginning at a nail in the center of the intersection of said Morganton, Van Voorhis Road designated as State Route No. 57 and the Van Voorhis-Easton Road designated as State Route No. 67/1 and running thence with the center line of the said State Route 67/1; S. 66° 52′ E. 190.07 feet to a nail in the center of said Road; thence leaving said Road and with the boundary line of the property owned by Martin L. Goodwin, S. 2° 38′ E. 234.09 feet to a post, a corner to lands of Charles M. Baker; and with the line of said Baker, N. 87° 28′ W. 196.36 feet to a nail in the center line of said Road, N. 2° 02′ E. 300.00 feet to the point of beginning.
Being the same real estate conveyed by deed dated May 18, 1981, from George Whoolery and Betty Whoolery, husband and wife; Jack Dodd and Garnet Dodd, husband and wife; and Evelyn McCormick, a widow, one-third (1/3) to Patricia Ann Stiles, one-third (1/3) to Michael E. Toth, and one-third (1/3) to Joanne Toth and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Deed Book No. 854, at Page 294. By deed dated May 20, 1993, and recorded in Deed Book No. 1070, at Page 348, Michael E. Toth, conveyed his one-quarter undivided interest in said property to Patricia Stiles. By correction deed dated March 7, 1994, and recorded in Deed Book No. 1083, at Page 250, Michael E. Toth conveyed all of his right, title, and interest in and to the subject real estate to Patricia Stiles. Patricia A. Stiles died December 28, 1999, and by her Last Will and Testament recorded in Will Book No. 99, at Page 394, she devised her interest in said real estate to Patty J. Toth, also known as Joanne Toth.
PARCEL TWO: Beginning at an iron pin located in the center line of Van Voorhis Road South 02° 36′ 22″ East 20.19 feet to an iron pin; thence running with the common boundary line of “Parcel 1″ (See plat recorded in Deed Book No. 1034, at Page 595), South 02° 39′ 34” East 279.37 feet to a point; thence running with the common boundary line of “Parcel 6″, South 89° 00′ 01″ West 179.548 feet to a point; thence North 33° 09′ 02” East 353.67 feet to the point and place of beginning, containing 0.617 acres, more or less, and designated as “Parcel 7” on that certain plat recorded in the Office of the Clerk of the County Commission of Monongalia, County, West Virginia, in Deed Book No. 1034, at Page 595.
Being part of the same real estate conveyed by deed dated April 1, 1966, from Russell St. Clair and Rosemary St. Clair, his wife, Ethel St. Clair Fullmer, widow, Ada St. Clair Stiles, widow, Edna St. Clair, widow, Michael St. Clair, unmarried, and Ronald St. Clair and Bonnie St. Clair, his wife, to Patricia Ann Stiles and recorded in the aforesaid County Clerk’s Office in Deed Book No. 862, at Page 335; and also being part of the real estate conveyed by deed dated October 15, 1963, from Forrest V. Everly and Madeline Everly, his wife, to Patricia Ann Stiles, and recorded in Deed Book No. 669, at Page 531. Patricia A. Stiles died December 28, 1999, and by her Last Will and Testament recorded in Will Book No. 99, at Page 394, she devised said real estate to Patty J. Toth.
Further being the same real estate conveyed from Patty Joanne DeWitt, sometimes now or formerly known or referred to as Patty Toth DeWitt, Patty Joanne Toth, Joanne Toth, and Patty J. Toth to Woodline Properties, LLC, a West Virginia limited liability company, by Deed dated December 6, 2018, and recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia in Deed Book No. 1649, at Page 724.
TERMS OF SALE
This Auction shall proceed first by the below listed Successor Trustee commencing the sale and reading this Notice of Sale. Joe R. Pyle Complete Auction and Realty Service (“Auctioneer”) will then solicit bids on behalf of the Successor Trustee. Bidding shall commence in person and online at the following online auction site: www.joerpyleauctions.com. Bidders may pre-register in advance of the Auction, and may bid in advance of the Auction, online at www.joerpyleauctions.com. Bidding will continue until no further bids are entered and the successful highest and best bidder (the “Winning Bidder”) has been announced.
At the completion of the Auction on May 5, 2026, the Winning Bidder will be required to sign, either electronically or in person, the Successor Trustee Sale Contract. A form of the Successor Trustee Sale Contract will be posted online at www.joerpyleauctions.com prior to the Auction. The Winning Bidder shall be required to close on the Property within thirty calendar days of the Auction (on or before June 4, 2026).
The Winning Bidder will be required to pay a fee (the “Buyer’s Fee”) of ten percent (10%) of the highest bid. The high bid plus the Buyer’s Fee shall be referred to as the “Winning Bid”. The Buyer’s Fee will be due immediately following the announcement of the Winning Bid, and shall be paid by the Winning Bidder to the Auctioneer via cashier’s check or wire transfer. The Buyer’s Fee: (a) is not a deposit; (b) will not be credited towards the purchase price of the Property; and (c) will not be refunded to the Winning Bidder in the event the Winning Bidder fails to close or chooses not to close on the Property.
The Winning Bidder will also be required to pay a non-refundable deposit (the “Deposit”), which shall consist of ten percent (10%) of the high bid to the Successor Trustee via cashier’s check or wire transfer immediately following the announcement of the Winning Bid. The Deposit will either be: (a) credited towards the purchase price at closing; or (b) forfeited to the Beneficiary upon default of the Winning Bidder by failure to close on the Property within thirty days of the Auction, or by the Winning Bidder’s breach of any term, condition, or obligation set forth in the Successor Trustee Sale Contract.
The Winning Bidder’s failure pay the Buyer’s Fee or the Deposit, failure to close this sale within thirty calendar days of the Auction, or breach of any term, condition, or obligation set forth in the Successor Trustee Sale Contract, shall, at the option of Beneficiary, be cause for rejection of the bid, and if the bid is rejected, Beneficiary shall have the option of directing the Successor Trustee to sell the Property to the Backup Bidder, as defined below.
The second highest bidder at the auction will be deemed the “Backup Bidder” for the sale and said bid (the “Backup Bid”) will be deemed non-revocable. The Backup Bidder will be required to execute a “Backup Contract” at the completion of the Auction. The Backup Bidder will be required to post a deposit in the amount of $50,000.00 (the “Backup Deposit”) to the Successor Trustee by cashier’s check or wire transfer immediately following the announcement of the Winning and Backup Bids. If the second highest bidder declines to sign the Backup Contract, the Successor Trustee may, in his sole and absolute discretion, elect to select another Backup Bidder who shall sign the Backup Contract and submit the $50,000.00 Backup Deposit. If the closing on the Winning Bid by the Winning Bidder fails to occur, the Backup Bidder shall become the Winning Bidder and will be required to submit the balance of the Deposit to the Substitute Trustee (that is, the Deposit, less the $50,000.00 Backup Deposit), and the Buyer’s Fee to the Auctioneer, and shall close within twenty (20) calendar days of being notified of being the new Winning Bidder. The Backup Deposit shall either: (a) be returned to the Backup Bidder within two (2) business days of the successful closing of the Winning Bid by the Winning Bidder; or (b) if the Backup Bidder becomes the Winning Bidder, as set forth above, then the Backup Deposit shall be credited towards the purchase price of the Property at closing. If the Backup Bidder becomes the Winning Bidder and thereafter fails to timely close on its Backup Bid under the sale terms and conditions set forth in the Backup Contract, then the Backup Bidder shall forfeit the Backup Deposit and the Buyer’s Fee.
The proceeds derived from the sale of the Property will be applied as provided for in said Deed of Trust and are made a part hereof as if set forth verbatim herein.
The Beneficiary shall have a right to bid at the Auction. The sale shall be
subject to the following:
a. any unpaid taxes against the Property;
b. any recorded easements, conditions, covenants, rights-of-way or subdivision plats affecting the property;
c. any dedication of roads affecting the property and any govern-
mental zoning and subdivision ordinances or regulations in effect;
and
d. any prior or superior liens, judgment, deeds of trust or other in-
terests of record, together with any and all fees, per diem, and in-
terest associated therewith; and
e. the rights, if any, of parties in possession.
The above-described real estate will be conveyed by the undersigned Successor Trustee by deed without warranty of any kind, express or implied, and the purchaser shall be responsible for all transfer stamps, recording fees, and other closing costs.
All announcements at the sale on the date of the sale will take priority over this notice. Additional announcements, terms, and conditions may also be posted on the online auction site.
ts, terms, and conditions may also be posted on the online auction site.
CONTINUANCE OR ADJOURNMENT OF SALE
The undersigned Successor Trustee reserves the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and the place of sale as hereinabove set forth or at any continuance or adjournment thereof.
Any questions regarding the sale should be directed to the undersigned at:
James M. Davis, Esq.
1600 Laidley Tower
P.O. Box 553
Charleston, West Virginia 25322-0553
Phone: (304) 340-1031 DATED this 10th day of April 2026.
James M. Davis, Esq., Successor Trustee