Marshall, Ohio

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 July 10, 2014 , and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1487, Page 344 made by Elias E. Joseph 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 $84,000.00 , 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, 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 March 12, 2026, of record in the aforesaid Clerk’s office in Book 1717, at page 78.
Main Street Bank, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that Elias E. Joseph 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 3rd day of June 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, and being more particularly bounded and described as follows (hereinafter, the “Real Property”):
Being the same property which was heretofore conveyed to Elias A. Joseph and Selma A. Joseph, his wife, by Harry Hays Carpenter and Irma W. Carpenter, his wife, and William Houston Carpenter and Alice Cordelia Carpenter, his wife, by Deed dated the 20 th day of August, 1955 and recorded in the Office of the Clerk of Ohio County, West Virginia in Deed Book 373, at page 39. The said Elias A. Joseph died testate on the on the 3rd day of December, 1977 and by his Last Will and Testament dated the 2 nd day of August, 1966, probated the 15th day of December, 1977, and recorded in the aforesaid County Clerk’s office in Will Book No. 70 at page 30, devised the subject property to his son, Edward Elias Joseph. Edward Elias Joseph and Edith Evelyn Joseph, his wife, conveyed said property to Elias E. Joseph, on the 12 th day of July, 1978 and recorded in said County Clerk’s Office in Deed Book 584, at page 267.
The property is more particularly described as real estate situated in Richland County District, Ohio County, West Virginia, which lot or parcel is shown and defined as Lot No. 97 on the Plat of Warwood commonly referred to as 142 North 21 st Street.
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 Elias E. Joseph 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 30th day of April, 2026.
C. Seth Wilson, Esq., Substitute Trustee
Int. May 6, 13, 20, 2026

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