VALUABLE REAL ESTATE
234 Dunn Avenue,
Fairmont, WV 26554
In a Deed of Trust dated December 26, 2015, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 1136, at page 617 Sharon J. Kyer did convey unto Douglas McElwee, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk's Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Marion County Courthouse, Adams Street, Marion County Courthouse, Fairmont, WV 26554 on:
July 7, 2026
At 12:30 PM
The property for sale as described by the Deed of Trust is as follows:
All those certain tracts or parcels of real estate, together with the improvements thereon and the appurtenances thereunto belonging, located at Benton's Ferry in Union District, Marion County, West Virginia, and more particularly bounded and described as follows:
First Parcel: Beginning at a point in a line of the Baltimore & Ohio Railroad Company, on the eastern side of its land, and at a point 12 feet from the corner of T. B. Nixon's land, and running thence in a Northerly direction along the line of said B. & O. Railroad Company 150 feet to a Corner in the land of Emma C. Thomas, and running thence in an Easterly direction at right angles with a line of said Railroad 116 feet to a corner; thence in a Southerly direction parallel with the line of the B. & 0. Railroad and 116 feet therefrom, 154 feet to a point 12 feet from the line of T. B. Nixon; thence in a straight line 116 feet to the line of the B. & Railroad Company, the place of beginning.
Third Parcel: All of those certain lots located in the Village of Benton's Ferry and being more particularly bounded and described as Lot No. Six (6) in Block No. One (1), fronting 40 feet on Dim Avenue and extending Back 119.5 feet; and Lot No. Seven 7 in Block One (1), fronting 40 feet on Dim Avenue and extending back 116.9 feet on one side and 114.3 feet on the other.
Property Address:
234 Dunn Avenue, Fairmont, WV 26554
Parcel Id: 21 0039 0000 0000 and 21 0040 0000 0000
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee's Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Marion County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior ("junior claims") to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser's expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in "AS IS" condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee's deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees' deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser's sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $5000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier's check made payable to "Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc." Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser's bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee
West Virginia, Inc.
1581 Main Street, Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025