NOTICE IS HEREBY GIVEN that by virtue of a deed of trust dated March 7, 2025 (the "Deed of Trust"), made by Fairmont Community Development Partnership, Inc. to Valerie Hurst, Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1358, at Page 729, to secure Freedom Bank, Inc. in the payment of the sum of $480,333.66, evidenced by a negotiable promissory note bearing even date therewith, and Freedom Bank, Inc. being authorized and empowered to designate and appoint one or more substitute trustees in the place and stead of the trustees named in the Deed of Trust and the undersigned, Appalachian Title Services, LLC, a West Virginia limited liability company, having been so appointed by the terms of a Designation of Substitute Trustee of record in said Clerk's office, and default having been made in the payment of said indebtedness and said Substitute Trustee having been requested in writing so to do by Freedom Bank, Inc., the owner and holder of said note, said Substitute Trustee, on
TUESDAY, JULY 14, 2026
AT 12:15 P.M. EASTERN TIME
will offer for sale and sell at public auction at the front door of the Marion County Courthouse in Fairmont, West Virginia, to the highest bidder therefor, all those certain lots or parcels of real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in Fairmont City District, Marion County, West Virginia, and more particularly described as follows:
SEVENTH PARCEL: Lot 46, Ross Street, Fairmont. WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in Fairmont City District, Marion County, West Virginia described in the 1998 Land Book for Fairmont City District, Marion County, West Virginia as:
LT 46 Ross Street, and as more particularly described in the real property tax statement identified as tax ticket number 7665.
This deed is made subject to all reservations, exceptions, covenants and conditions contained or referred to in prior deeds or other instruments of record affecting or pertaining to the lots or parcels of land hereby conveyed.
And being a portion of the same real estate conveyed to Fairmont Community Development Partnership from R. Michael Shaw, as Executor of the Estate of Thelma Shaw, by Deed dated June 29, 1999, and recorded in said Clerk's Office in Deed Book 956, at Page 475.
NINTH PARCEL; Lots 1 and 2, Block E, Jackson Addition, Fairmont,WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the Jackson Addition to the City of Fairmont, Fairmont City District, Marion County, West Virginia, a map or plat of which said Addition is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 114, at Page 96, 97 and 98, that is to say:
LOT NUMBER ONE (1), in Block "E", fronting on Howard Street 50 feet, and extending back 100 feet to an alley.
LOT NUMBER TWO (2), in Block "E", fronting on Howard Street 50 feet, and extending back 100 feet to an alley.
This conveyance is further made subject to all reservations, covenants, exceptions, restrictions, limitations and rights of way set out in prior deeds that comprise the chain of title and by which the Grantors are bound in the ownership of the above parcel of real estate herein conveyed insofar as the same are now in force and effect.
And being the same real estate conveyed to Fairmont Community Development Partnership, Inc. from Julie Lee Hauston, formerly Julia Lee DeBolt and Charles S. Hauston, by Deed dated December 20, 2002, and recorded in said Clerk's Office in Deed Book 981, at Page 463.
TENTH PARCEL: Lot 14, Block T, Fitzgerald Avenue, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Fairmont, Fairmont City District, Marion County, West Virginia, described as follows:
Lot No. 14 in Block Tin Jackson Addition, fronting 40 feet on Fitzgerald Avenue, and extending back 100 feet to an alley.
This conveyance is subject to the exceptions, reservations, rights of way, and conditions, of record, affecting said real estate.
And being a portion of the same real estate conveyed to Fairmont Community Development Partnership from David Brown and Alberta Brown, by Deed dated September 1, 2004, and recorded in said Clerk's Office in Deed Book 997, at Page 343.
ELEVENTH PARCEL: 114 Wheeling Street, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being located at the corner of Chicago Street and Wheeling Street, in the City of Fairmont, Fairmont City District, Marion County, West Virginia, said lot being known as all of LOT NUMBER ONE (1) and a PORTION OF LOT NUMBER FOUR (4) thereto adjoining as designated and shown on said plat of the Eddy lots of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 151, at Page 260, and more particularly bounded and described as follows:
Beginning at a point at corner of intersection of the northerly line of Chicago Street and the easterly line of Wheeling Street, and running thence with said easterly line of Wheeling Street; N. 7° 10' W. 26.70 feet to an iron pin, common corner of Lots Nos. 1 and 2 as shown on said plat (said Lot No. 2 now or formerly owned by Frank Gump); thence with line of said Frank Gump lot, being the division line of said Lots Nos. 1 and 2 and continuing with a line through Lot No. 4, N. 81° 55' E. 110.00 feet, more or less, to a stake in easterly line of said Lot No. 4; corner to property formerly owned by Edward D. Slack and now or formerly owned by Charles Ross Sams; thence with line of said Sams property, being the easterly line of said Lot No. 4, S. 7° 10' E. 26.70 feet to a point in said northerly line of Chicago Street; thence with the northerly line of Chicago Street, S. 81° 55' W. 110.00 feet, more or less, to the place of beginning.
There is excepted and reserved from the operation of this deed all the coal within and underlying the surface of the land hereby conveyed together with the usual mining rights and privileges thereunto belonging.
This conveyance is made subject to all reservations, covenants, exceptions, restrictions, limitations, easements, agreements and rights of way set forth in prior instruments that comprise the chain of title by and which the Grantors are bound in the ownership of the real estate herein conveyed, insofar as the same are now in force and effect.
And being the same real estate conveyed to Fairmont Community Development Partnership, Inc. from Richard L. Turner, by Deed dated January 26, 2012, and recorded in said Clerk's Office in Deed Book 1104, at Page 307.
TWELFTH PARCEL: 109 Wheeling Street, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, including dwelling house thereon numbered 109 Wheeling Street, in the City of Fairmont, Fairmont City District, Marion County, West Virginia, in the plan of lots known as W. A Lawler Lots, map or plat of which plan of lots is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 154, at Page 491, that is to say:
LOT NUMBER TWO (2) as shown on the plat of said plan of lots, being the middle one of three lots each having a frontage of twenty-seven (27) feet on Wheeling Street, and more particularly bounded and described as follows:
Beginning at a stake in the westerly line of Wheeling Street, common corner of Lots Nos. 2 and 3, and running thence with said line of Wheeling Street, N. 7° 00' Nos. 1 and 2; thence with the division line of Lot Nos. 1 and 2, S. 84° 10' W. 92.00 feet to a stake, another common corner of Lots Nos. 1 and 2 thence S. 12° E. 27 feet to a stake, common corners of Lot Nos. 2 and 5; thence with the division line of Lots Nos. 2 and 5 (37.60 feet) and continuing with the division line of Lots Nos. 2 and 3 (51.50), N. 84° 10' E., an overall distance of 89.10 feet to the place of beginning.
There is excepted and reserved from the operation of this conveyance all of the coal within and underlying said real estate, together with the mining rights and privileges thereunto belonging.
Said real estate is further made subject to all reservations, exceptions, conditions, limitations, agreements, covenants, restrictions and rights-of-way set forth or referred to in prior deeds or other instruments of record in the chain of title.
And being the same real estate conveyed to Fairmont Community Development Partnership, Inc. from Jeffery D. Taylor, Special Commissioner, by Deed dated February 12, 2013, and recorded in said Clerk's Office in Deed Book 1127, at Page 844.
FOURTEENTH PARCEL: Lot 19, Block F, Lehman Avenue, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Fairmont, Fairmont City District, Marion County, West Virginia, described as follows:
Lot 19 in Block F (erroneously previously referred to as Block "P") in Jackson Addition, fronting 40 feet on Lehman Street, and extending back 100 feet to an alley.
This conveyance is subject to the exceptions, reservations, rights of way, and-conditions, of record, affecting said real estate.
And being a portion of the same real estate conveyed to Fairmont Community Development Partnership from David Brown and Alberta Brown, by Deed dated September 1, 2004, and recorded in said Clerk's Office in Deed Book 997, at Page 343.
FIFTEENTH PARCEL: Lots 13 and 14, Block L, Rowland
Avenue, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the Addition to the City of Fairmont, Fairmont City District, Marion County, West Virginia, a map or plat of which is of record in the Office of the Clerk of the Marion County Commission of Marion County, West Virginia, in Deed Book No. 114, Pages 96, 97 and 98, and which is more particularly bounded and described as follows:
Lot numbers thirteen (13) and fourteen (14) in Block L, each of said lots fronting forty feet on Rowland Avenue and extending back One Hundred Feet to Murray Avenue, now known as Hudson Street.
Excepting and reserving the coal and underlying said lots and the mining rights and privileges thereto.
This real estate is conveyed subject to all the exceptions, reservations, conditions, rights of way, building restrictions and easements that may have been conveyed away and/or reserved by owners in the chain of title to this real estate arid which are of record insofar as the same are now still effective.
And being the same real estate conveyed to Fairmont Community Development Partnership from Gina S. Ezelle, by Deed dated March 8, 2005, and recorded in said Clerk's Office in Deed Book 1000, at Page 912.
TWENTY-THIRD PARCEL: Lot D, Baltimore Street,
Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, in the Re-subdivision Riverview Improvement Company's Lots in the City of Fairmont, Fairmont City District, Marion County, West Virginia, a map or plat of Re-subdivision is of record in said County Clerk's Office in Deed Book No. 545, Page 497, and which is more particularly bounded and described as follows:
All of Lot No. "D" in said resubdivision described as follows:
Beginning at a stake, common corner to Lots No. "B" and "C" and running thence with the line of said Lot No. "C", N 60° 38' E. 127.42 feet to a stake, corner to Lot No. "D"; thence with the line of said Lot No. "D", S. 11° 33' W. 89.21 feet to a stake; thence S. 66° 30' W. 83.77 feet to a stake; thence N. 15° 37' W. 60.57 feet to the place of beginning.
This real estate is conveyed subject to all the exceptions, reservations, conditions, rights of way, building restrictions and easements that may have been conveyed away and/or reserved by owners in the chain of title to this real estate and which are of record insofar as the same are now still effective.
And being the same real estate conveyed to Fairmont Community Development Partnership, from Mary A. Siddell and Nona L. Washington, now known as Nona M. Stumps, by Deed dated March 17, 2005, and recorded in said Clerk's Office in Deed Book 1001, at Page 461.
TWENTY-FOURTH PARCEL: Lot 4, Block 7, Columbia Street, Fairmont, WV
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in Fairmont City – Union Corp. District, Marion County, West Virginia described in the 1998 Land Book for Fairmont City District, Marion County, West Virginia as:
That interest in real property situate in Fairmont City Union District, Marion County, West Virginia, described in the 1998 Land Book for Fairmont City Union District, Marion County, West Virginia as BLK 7 LS 4 Columbia St., and as more particularly described in the real property tax statement identified as account number 00012464.
This deed is made subject to all reservations, exceptions, covenants and conditions contained or referred to in prior deeds or other instruments of record affecting or pertaining to the lots or parcels of land hereby conveyed.
And being a portion of the same real estate conveyed to Fairmont Community Development Partnership from R. Michael Shaw, as Executor of the Estate of Thelma Shaw, by Deed dated June 29, 1999, and recorded in said Clerk's Office in Deed Book 956, at Page 475.
TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier's check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash at closing within 30 days after the date of sale. The sale of said property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all real estate taxes, charges, or assessments levied or assessed against the Subject Property.
The Subject Property shall be sold "AS IS" and "WITH ALL FAULTS." The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY TO BE DISPOSED OF ACCORDINGLY BY THE FORECLOSURE PURCHASER.
Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Limited Liability Company will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the 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.
Dated: June 12, 2026.
APPALACHIAN TITLE
SERVICES, LLC
Substitute Trustee
P. O. Box 1089
Bridgeport, WV 26330
(304) 641-7374