Trustee Sale

TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned, Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated January 31, 2011, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 997, at Page 157, FREY HOME FOR FUNERALS, INC., did convey unto J. Scott Tharp, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Michael L. Solomon, as Substitute Trustee by a Substitution of Trustee dated March 10, 2020, and recorded in the aforesaid Clerk’s office in Deed of Trust Book 1240, at page 738; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by WESBANCO BANK, INC., to foreclose thereunder, will offer for sale at public auction at 320 Madison Street, Fairmont, West Virginia 26554, on
AUGUST 6, 2020 AT 12:00 NOON
All of the following described real estate, together with the buildings and improvements thereon and the appurtenances thereunto, belonging, situate, lying and being in the City of Fairmont, Fairmont District, Marion County, Wet Virginia, more particularly bounded and described as follows, to-wit:
The following described lots or parcels of real estate situate in the City of Fairmont, Fairmont District, Marion County, West Virginia, described as follows:
PARCEL NUMBER ONE (1): Beginning at a point in the eastern side of Madison Street, 43 feet distant from Porter Alley in a northerly direction as defined by Old Brick Building corner of Porter Alley and Madison Street, and running toward Jackson Street a distance of 40 feet, more or less, to a six and one-half foot right of way as described in Parcel 2 herein; thence with the line nearest Porter Alley in a northerly direction a distance of 110 feet thence with a line parallel to the eastern line of Madison Street in a southeasterly direction a distance of 40 feet; thence with a line parallel to the second line herein contained in a southwesterly direction a distance of 110 feet to Madison Street and the place of beginning.
Parcel No. 1 is part of the real estate conveyed to Frey Home for Funerals, Inc., a West Virginia corporation, by William M. Frey, Et AL, by deed dated October 19, 1999, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 958, at page 42, and by Arthur C. Frey, III, Et AL, by deed dated September 10, 1999, of record in the said Clerk’s office in Deed Book No. 957, at page 720.
PARCEL NUMBER TWO (2): A strip of land fronting six and one-half feet on the eastern side of Madison Street and adjacent to the First Parcel herein above described on the northern side, which parcel extends between parallel lines with a uniform width of six and one-half feet for a distance of 110 feet.
Parcel No. 2 is part of the same real estate conveyed to Frey Home for Funerals, Inc., a West Virginia corporation, by William M. Frey, Et Al., by deed dated October 19, 1999, of record in the said Clerk’s office in Deed Book No. 958, at page 42, and by Arthur C. Frey, III, Et AL, by deed dated September 10, 1999, of record in the said Clerk’s office in Deed Book No. 957, at page 720.
PARCEL NUMBER THREE (3): Beginning at a point, corner of Madison Street and Jackson Street where the lines of said lots intersect, and thence running with the line of Madison Street toward Porter Alley for a distance of 50 feet; thence running back from Madison Street with a line parallel with and 50 feet distant from the southeasterly line of Jackson Street, a distance of 102 feet, more or less, to the Fourth Parcel herein described; thence with the same, 50 feet to the line of Jackson Street; thence with the line of Jackson Street a distance of 102 feet, more or less, to the place of beginning.
PARCEL NUMBER FOUR (4): Beginning at a point in the northern line of Jackson Street and the northwestern corner of Parcel No. 3, thence running with the line of Jackson Street in a northerly direction a distance of eight feet to property now or formerly of the Marion County Board of Education; thence in a southeasterly direction with the same a distance of 50 feet to a point; thence in a southwesterly direction parallel to Jackson Street, a distance of eight feet to the northeastern corner of Parcel No. 3; thence with the same a distance of 50 feet to the place of beginning.
PARCEL NUMBER FIVE (5): Beginning at a point, the same being the corner of the brick building now located on said property and the northeastern corner of the intersection of Meredith Street and Madison Street, thence with the northern line of Madison Street, N. 25° 28′ W. 43 feet to a stake in the line of Frey; thence leaving Madison Street and running with the line of Frey, N. 64° 12′ E. 110 feet to the corner of Frey and property now or formerly of the Armory; thence with the same, S. 25° 48′ E. 43 feet to a stake in the line of Meredith Street; thence with one line of Meredith Street, S. 64° 12′ 110 feet to the place of beginning.
Parcels Nos. 3, 4, and 5 are part of the same real estate conveyed to Frey Home for Funerals, Inc., a West Virginia corporation, by William M. Frey, Et Al., by deed dated October 19, 1999, of record in the said Clerk’s office in Deed Book No. 958, at page 42.
PARCEL NUMBER SIX (6): Beginning at a stake in the eastern line of Madison Street and 50 feet distant from the intersection of Madison Street and Jackson Street, and running thence with the edge of Madison Street in the direction of Porter Alley, S. 25° 30′ E. 26 feet to a line of a private alley; thence with the line of said alley in the direction of Quincy Street and 76 feet from and parallel with Jackson Street, N. 64° 10′ E. 102 feet (110 feet as shown on a revised survey), more or less, to the line of lands now or formerly of Lawrence F. McCray; thence at right angles 102 feet (110 feet as shown on said revised survey), more or less, distant and parallel with Madison Street, N. 25° 30′ W. 26 feet to other lands of Lawrence F. McCray; thence with his line 50 feet distant from and parallel with Jackson Street, S. 64° 10′ W. 102 feet (110 feet as shown on said revised survey), more or less, to the line of Madison Street and the place of beginning, containing 2,860 square feet.
PARCEL NUMBER SEVEN (7): All right, title, and interest owned by the Grantors in and to a certain private alley or way being six and one-half feet wide and 102 feet (110 feet on the aforesaid revised survey), more or less, in length, lying between the property hereby conveyed and property now or formerly of Emma L. Jolliffe, beginning at a point in the line of Madison Street at the southwest corner of a lot conveyed to Emma L. Jolliffe by Jacob S. Hayden and wife, and running thence with the line of Madison Street in a westerly direction six and one-half feet to the southeastern corner of the lot above described; thence with the line of the above-mentioned lot in a northerly direction parallel with the line of the lot of Emma L. Jolliffe and six and one-half feet distant therefrom, 102 feet (110 feet on revised survey), more or less, to a line of lands of Lawrence F. McCray; thence in the direction of Porter Alley a distance of six and one-half feet to a line of Emma Jolliffe; thence with the line of Emma L. Jolliffe and in the direction of Madison Street and parallel with the line of the lot above conveyed and six and one-half feet distant therefrom 102 feet (110 feet as shown on revised survey), more or less, to the place of beginning.
Parcels Nos. 6 and 7 are the same parcels of real estate conveyed to Frey Home for Funerals, Inc., a West Virginia corporation, by John DeMary, Et AL, by deed dated February 21, 2000, of record in the said Clerk’s office in Deed Book No. 959, at page 1052.
TERMS OF SALE:
1) The property will be conveyed in “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property.
6) The total purchase price is payable to the Trustee by cashier’s check, cash or the equivalent within thirty (30) days of the date of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent.
Given under my hand this 15th day of July, 2020.
MICHAEL L. SOLOMON, SUBSTITUTE TRUSTEE
By: MICHAEL L. SOLOMON
330 Chestnut Street, Morgantown, WV 26505
Phone: (304) 296-6696
WVSB #3512
Times: July 29, August 5, 2020