VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated February 24, 2023 and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 1318, at Page 496, Eric Ryan Allen did convey unto Todd Taylor & Dan Kennedy, Trustees, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk's Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Marion County Courthouse, in Fairmont, West Virginia, on
June 11, 2026, at 4:37 PM
The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Union District, Marion County, West Virginia, and more particularly described as follows:
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in Union District, Marion County, West Virginia, more particularly bounded and described as follows, to-wit:
All of Lot No. 17, Phase II, Heston Farms, containing 22,548 square feet or 0.52 acres, more or less, as surveyed by Consolidated Survey PLLC of Worthington, West Virginia and shown as Lot No. 17 on a plat of Heston Farms, recorded in the Marion County Clerk's Office in Map Cabinet No. B, Envelope No. 218. The meridian for all bearings in this description is based on (Grid North) of the West Virginia State Plane coordinate system.
This conveyance is specifically made subject to the terms, conditions, provisions, restrictions, protective covenants, rights, powers, duties, rights-of-way, easements, and limitations, pertaining to Heston Farms Subdivision as more particularly set forth in the Declaration of Common Interest Community for Heston Farms Subdivision, the recorded plats or maps of survey of Heston Farms Subdivision, and the Articles of Incorporation, By-Laws, Rules and Regulations and Building Construction Guidelines (hereinafter "Governing Documents") of Heston Farms Owners Association, Inc., a West Virginia non-profit corporation, and as, all of which may from time to time may be amended.
Together with a right of way for ingress, egress and regress over the roads of Heston Farms.
The foregoing declaration and maps and plats are recorded in the aforesaid County Clerk's Office as follows:
The Grantee herein, by acceptance of this deed, also agrees: (a) to comply with and abide by all of the provisions of the Governing Documents as now in effect or hereafter modified and amended; (b) to pay when due and acknowledge continuing liability to pay all dues, fees and costs and assessments properly levied against the Unit herein conveyed by Heston Farms Property Owners Association, Inc.
This conveyance is made together with all buildings and improvements, rights, roads, ways, easements, rights-of-way, privileges, appurtenances, and advantages thereunto belonging or in any way appertaining.
The real estate is subject to all exceptions, reservations, covenants, conditions, agreements, land use regulations, terms, declarations, rights-of-way, restrictions, servitudes, municipal ordinances, prior out conveyances, prior conveyances of minerals and rights to extract the same, mineral severances and limitations of use as have been imposed upon such property, and those shown on all recorded maps or plats or survey, of record affecting the real estate, to the extent the same are now in effect.
Being the same real estate which was conveyed to T.J. Contracting and Custom Homes, LLC, a West Virginia limited liability company, from Mineral Springs Holdings, LLC, a West Virgina limited liability company, by deed dated December 28, 2021, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1296, at page 406, and by that Corrective Deed dated December 28, 2021, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1318, at page 614.
Further being the same parcel of real estate conveyed to Eric Ryan Allen, by T.J. Contracting and Custom Homes, LLC, to be recorded simultaneously with the recording of this Deed of Trust.
At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 111 Charolais Circle, Fairmont, WV 26554.
AND BEING the same real estate which was conveyed to Eric Ryan Allen, by Deed dated February 24, 2023, from T.J. Contracting and Custom Homes, LLC, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1318 at Page 748.
The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes.
The subject property will be sold in "AS IS" condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale.
Pill & Pill, PLLC, Substitute Trustee
David D. Pill, Member
P. O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone (304) 263-4971,
Fax (304) 267-5840,
e-mail: [email protected]