Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust dated March 1, 2016, and recorded in the office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1139, Page 630, made by AJ Associates LLC in favor of Karen M. Yokum, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of First Exchange Bank, in the original principal amount of Four Hundred Seven Thousand Six Hundred Fifty-Three Dollars and 00/100 Cents ($407,653.00), 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, First Exchange 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 May 14, 2026, of record in the aforesaid Clerk's office in Book 1386, at page 278.
First Exchange Bank, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that AJ Associates LLC is in default under the terms of the Deed of Trust and the Promissory Note, that the Promissory Note has been accelerated, 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 July 29, 2026 at 3:00 P.M., prevailing Eastern time, at the front door of the Marion County Courthouse, Marion County Courthouse, 219 Adams Street, Fairmont, WV 26554, certain real estate situate in Marion County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the "Real Property"):
The following described tract or parcel of real estate situate on the waters of Pumpkin Run, Union District, Marion County, West Virginia, described as follows:
Beginning at an iron pin which is located on the western line of a 30 foot right of way, which iron pin is a corner to a parcel of real estate now or formerly belonging to Dorothy Hem, and running thence with the western line of said 30 foot right of way, S. 1° 00' E. 324.89 feet to an iron pin which is a corner of real estate now or belonging to D. E. Satterfield; thence running with three lines of said Satterfield, S. 75° 40' W. 202.08 feet to an iron pin; thence N. 78° 53' W. 27.14 feet to a post; thence N. 45° 23' W. 130.06 feet to a post in the line of land of the State of West Virginia; thence running with the boundary line of the State of West Virginia along the fence, N. 41° 46' E. 135.00 feet to an iron pin; thence N. 48° 19' W. 100.00 feet to a point in the line of land now or formerly belonging to Zadoc Layman; thence running with the boundary of the Layman land along the fence, N. 41° 46' E.141.19 feet to an iron pin; thence with the boundary line of land now or formerly of Dorothy Hem, N. 88° 19' E. 200.11 feet to the place of beginning, containing 2.2 acres, more or less, and shown on a map or plat of record in the Office of the Clerk of the County Commission of Marion. County, West Virginia, in Deed Book No. 822, at page 439, together with the right and privilege of use of said 30 foot right of way which is a roadway leading to a public road for purposes of ingress and egress to and from the said parcel of real estate, which right of way is shown on the aforesaid referenced plat.
The real estate hereby conveyed is the same real estate conveyed to AJ Associates Limited Liability Company by William S. Diven by deed dated February 24, 2016, of record in the said Clerk's office, and is subject to all exceptions, reservations, right of way, conditions, and agreements, contained in said deed or other instruments in the chain of title.
TRACT ONE (1): The following described parcels of real estate situate in the City of Fairmont, Union District, Marion County, West Virginia, described as follows:
PARCEL NUMBER ONE (1): Beginning at a point in the edge of the controlled access right of way for Interstate 79 and in the westerly line of State Secondary Route 31/2, thence with the westerly line of State Secondary Route 31/2, S. 39° 20' E. 505.42 feet to an iron pin near a gate post; thence leaving said road and running S. 53° 16' W. 199.15 feet to an iron pin; thence S. 68° 47' W. 130.22 feet to an iron pin; thence N. 37° 06' W. 203.64 feet to an iron pin; thence N. 9° 24' W. 101.42 feet to an iron pin; thence N. 19° 32' W. 101.74 feet to an iron pin in the southerly controlled access right of way of Interstate No. 79; thence with the controlled access right of way line, N. 65° 46' E. 20.47 feet to an iron pin; thence N. 30° 25' E. 215.28 feet to a stake; thence N. 57° 33' E. 8.20 feet to the place of beginning, containing 3.03 acres, more or less.
PARCEL NUMBER TWO (2): Beginning at a point in the southerly controlled access right of way for Interstate 79 and in the westerly line of State Secondary Route 13/2, thence with the westerly line of Secondary Route 31/2, S. 39° 20' E. 1,319.21 feet to a post; thence leaving said road and running S. 38° 31' W. 842.62 feet to a sugar tree; thence S. 74° 55' W. 555.07 feet to a chestnut tree (gone); thence N. 40° 39' W. 1,234.10 feet to a stake in the southerly right of way line of Interstate 79; thence with said southerly right of way line easterly a distance of 590 feet, more or less, to a stake; thence N. 65° 46' E. 390 feet, more or less, to an iron pin and the northwesterly corner of the 3.03 acre parcel described above; thence with three lines of said parcel, N. 65° 46' E. 20.47 feet to an iron pin; thence N. 30° 25' E. 215.28 feet to a stake; thence N. 57° 33' E. 8.20 feet to the place of beginning, containing 41.38 acres, more or less.
Tract One (1), Parcel No. 1 and Parcel No. 2, are the same parcels of real estate conveyed to AJ Associates Limited Liability Company by Steven T. Lamb by deed dated July 5, 1996, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 955, at page 944.
TRACT TWO (2): The following described tract or parcel of real estate situate in the City of Pleasant Valley, Union District, Marion County, West Virginia, described as follows:
Beginning at an iron pin corner to lands of Richard J. and Emma J. Satterfield and Vangilder, thence along the line of Vangilder, N. 62° 01' 03" E. 383.50 feet to an iron pin, corner to lands now or formerly of G. B. Hogan, Jr., and Jean Blount Hogan; thence with the Hogan line, S. 38° 30' 00" E. 515.57 feet to an iron pin, corner to lands now or formerly of Bert and Harry Satterfield; thence with the Satterfield line, S. 58° 22' 06" W. 681.10 feet to an iron pin, corner to Richard J. and Emma J. Satterfield; thence with their line, N. 7° 48' 50" W. 486.20 feet to the place of beginning, containing 6.424 acres, more or less, and shown on a map or plat of record in the said Clerk's office in Deed Book No. 814, at page 935.
Tract Two (2) is the same real estate conveyed to AJ Associates Limited Liability Company by Country Club Investment and Development Company, Inc., by deed dated March 27, 2000, of record in the said Clerk's office in Deed Book No. 961, at page 0018.
TRACT THREE (3): The following described tract or parcel of real estate situate on the northeast side of Parkside Drive in the City of Pleasant Valley, Union District, Marion County, West Virginia, described as follows:
Beginning at an iron pin at the northeastern most corner of the Harry Satterfield parcel, said iron pin being a common corner to Lot No. 5 of the Parkside Estate Subdivision and property now or formerly owned by Country Club Investment & Development Co., Inc., thence running N. 85° 35' 22" W. 129.57 feet; thence running S. 60° 34' 09" W. 1,006.00 feet to a point corner to Lawrence Shreve; thence with one line of Lawrence Shreve, S. 39° 32' 27" E. 249.73 feet to a point, corner to Bert Satterfield; thence with Bert Satterfield, N. 51° 35' 02" E. 654.73 feet to an iron pin found, said iron pin being a common corner to Lots 54 and 55 of the Parkside Estate Subdivision; thence N. 51° 11' 20" E. 185.0 feet; thence N. 50° 49' 50" E. 244.08 feet to the place of beginning, and shown on a map or plat of said real estate of record in the said Clerk's office in Deed Book No. 964, at page 395.
Tract Three (3) is the same real estate conveyed to AJ Associates Limited Liability Company by Doris J. Stanley, et al., by deed dated July 5, 2000, of record in the said Clerk's office in Deed Book No. 964, at page 388.
TRACT FOUR (4): The following described tract or parcel of real estate situate on the northeastern side of Parkside Drive in the City of Pleasant Valley, Union District, Marion County, West Virginia, described as follows:
Beginning at a point in the easternmost corner of the tract hereby conveyed and a corner to property owned by Country Club Investment & Development Co., Inc., thence running N. 38° 30' 0" W. 370 feet to a point, corner to said Country Club Investment and Development; thence with one line of the same, S. 61° 0' 00" W. 681.10 feet to an iron pin found corner to Randal and Terry Hill; thence with one line of the same, S. 61° 00' 00" W. 692.08 feet to an iron pin found corner to Richard Satterfield; thence with one line of Satterfield, S. 61° 00' 00" W. 197.03 feet to a point in the center of Parkside Drive; thence with four lines of the center of Parkside Drive, S. 49° 31' 40" E. 135.46 feet; thence S. 53° 41' 03" E. 104.43 feet; thence S. 56° 29' 10" E. 197.47 feet; thence S. 61° 44' 36" E. 55.36 feet to a point and corner of Shepard and lovacchini; thence with one line of the same, N. 57° 25' 33" E. 230.83 feet to a point, corner to Lawrence Shreve; thence with one line of the same, N. 43° 47' 10" E. 191.30 feet; thence N. 60° 34' 09" E. 1,006 feet to the place of beginning, as shown on a map or plat of the same of record in the said Clerk's office in Deed Book No. 964, at page 387.
Tract Four (4) is the same real estate conveyed to AJ Associates Limited Liability Company by Doris J. Stanley, et al., by deed dated July 5, 2000, of record in the said Clerk's office in Deed Book No. 964, at page 378.
There is reserved and excepted from the above-described parcels of real estate that certain real estate conveyed to the West Virginia Department of Transportation, Division of Highways, by AJ Associates Limited Liability Company by deed dated September 19, 2002, of record in the said Clerk's office in Deed Book No. 981, at page 618.
LESS AND EXCEPT:
All of that certain lot or parcel of real estate, together with any buildings and improvements situated on County Route 31/20, (Parkside Drive), in Union District, Marion County, West Virginia, and more particularly described as follows, to-wit:
Beginning at a 5/8" rebar and cap set this survey, hereafter called "rebar set", on a line common to AJ Associates Limited Liability Company, (Tax Map 18-50, Parcel 70), and the western right of way line of County Route 31/20 (Parkside Drive), which said rebar bears S 01°00' 00" E, 80.01' from a 3/4" rebar found at a corner of said Parcel 70 and on said right of way line, thence with said Parcel 70 for seven lines and with said right of way line for one line;
S 01°00'00"E,244.88' to a Mag Nail set at the northwest corner of said Parkside Drive and Parkview Drive, thence with the northerly right of way line of said Parkview Drive for one line;
S 75°37'25"W,201.44' to a rebar and cap found at the southeasterly most corner of a right of way, thence with said right of way for two lines;
N 78°51'30"W,27.50' to a rebar and cap found, thence;
N 44°05'46"W,129.75' to a fence post found on a line of AJ Associates, LLC, (Tax Map 18-50, Parcel 61.1), thence with said Parcel 61.1 for two lines;
N 41°15'50"E,129.93' to a 3/4" pipe found, thence;
N 51°37'57"W,109.15' to a rebar set on a line of AJ Associates Limited Liability Company, (Tax Map 5-24, Parcel 73), thence with said Parcel 73 for one line;
N 42°07'50"E,30.32' to a rebar set, which said rebar bears S 42°07'50" W, 110.87' from a 3/4" rebar found at a corner of said Parcel 70 and on a line of said Parcel 73, thence through said Parcel 70 for one line;
N 88°19'00"E,287.80' to the place of beginning, containing 1.68 acres more or less as surveyed by George E. Pigott and Associates, Inc., 1 Viking Road, White Hall, West Virginia 26554, and shown on a plat titled, "BOUNDARY PARTITION SURVEY OF 1.68 ACRES FOR WADE LINGER", dated April 27, 2021, and attached hereto and made a part of this description.
Being part of the same real estate conveyed to I-79 Technology Alliance Corporation from AJ Associates Limited Liability Company, by Deed dated May 17, 2021, and recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book No. 1280, at Page 725.
This conveyance is further subject to all exceptions, reservations, rights of way, conditions, and agreements contained in prior deeds or other instruments in the chain of title.
Subject to all valid exceptions, reservations, restrictions, conditions, easements, rights of way or other servitudes, if any, made retained or created in prior Deeds of record in the chain of title to the property herein conveyed.
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. A 10% buyer's premium, payable to Joe R. Pyle Complete Auction & Realty, LLC, will be added to the high bid for the Real Property. The buyer's premium shall be paid in cash in hand on the date of sale, regardless of how the balance of the sale price is paid. 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 § 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 AJ Associates LLC 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 June 25, 2026..
C. Seth Wilson, Esq., Substitute Trustee