Trustee Sale

TRUSTEES’ SALE OF VALUABLE REAL ESTATE
531 Ogden Avenue, Fairmont, WV 26554
In a Deed of Trust dated November 14, 2013, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 1073, at page 607 Lonnie J. Smith a/k/a Lonnie Smith 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, Fairmont, West Virginia 26554 on:
November 12, 2020
At 12:30 PM
The property for sale as described by the Deed of Trust is as follows:
All that certain lot or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, situate in the City of Fairmount, Fairmount District, Marion County, West Virginia, in the Riverside (Ogden) Addition to the City of Fairmount, a map or plat of which addition of recorded in the office of the County Commission of Marion Count, West Virginia, in Deed Book 72, at Page 354, that is to say:
Lot Number six (6) of said Riverside Addition to the City of Fairmont, as shown on said plat thereof the same being more particularly bounded and described as follows:
Beginning at a stake in the Northerly, Line of Ogden Avenue, common corner of Lot Nos. 4 and 6, N. 21 Degrees 15`W. 100.00 feet to a stake, common corner of Lots Nos. 4,5,6 and 7; thence with Division line of Lots Nos. 6 and 7, N. 68 degrees 45`E. 50.0 feet to a stake, common corner of Lots Nos. 6,7,8 and 9; thence with Division Line of Lot Nos. 6 and 8, S.21 degrees 15` E. 100.00 feet to a stake in said Northerly line of Ogden Avenue, Common Corner of Lots Nos. 6 and 8; thence with the Northerly line of Ogden Avenue, S. 68 Degrees 45`W. 50.00 feet to the place of Beginning.
And as more recently depicted on that Certain Survey Dated October 16, 1995, and Revised August 14, 1996, Entitled “Plat of property Fairmont Community Development partnership 531 Ogden Avenue, Fairmont District, Marion County, West Virginia, By Gary K. Clayton PS #1072, Freelance Technical Services, which survey is of record in Deed Book 935, at Page 704, and to which reference is hereby made for all pertinent purposes and which survey reflects the following description:
Beginning at a common corner of Lot Nos. 4 and 6, along the Northern right of way Line of Ogden Avenue, and running thence with the Divisional line of Lot Nos. 4 and 6, N. 12 Degrees 37 58`W. 100.00 feet to an iron pin set, another common corner of Lot Nos. 4 and 6; Thence N. 77 Degrees 22 02` E. 50 feet to a point, being the northeastern corner of Lot No. 6; thence running with the eastern lot line of Lot No. 6, S. 12 degrees 37 58` E 100.00 feet to an iron pin set thence Northern right of way line of Ogden Avenue; thence Along Ogden Avenue S. 77 degrees 22` 02` W. 50 feet to the place of Beginning and being 11 acres more or less.
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 $7,000.00 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 Mid-Atlantic, PC, counsel for Terra Abstract.” 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.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127, (443) 815-3931
www.sterneisenberg.com
Times: October 14, 21, 2020