TRUSTEE'S SALE OF VALUABLE REA...
TRUSTEE'S SALE OF VALUABLE REA...
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 February 14, 2013, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1056, at Page 382, on May 8, 2013, WILFONG HOSPITALITY II, LLC, did convey unto William T. Holmes, Esq., Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to designate Michael Jacks as Substitute Trustee by a Designation of Substitute Trustee dated December 19, 2025, and recorded in the aforesaid Clerk's office at Book 1377, Page 246; and DEFAULT having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the beneficiary, Citizens Bank, to foreclose under the Deed of Trust, will offer for sale at public auction at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia, Zip Code 26554, on
May 29, 2026 at 10:00AM.
The following described real estate, the Microtel Inn & Suites by Wyndham Fairmont, with an address of 20 Southland Drive, Fairmont, West Virginia, 26554, (the "Property") together with improvements, easements, and appurtenances thereunto belonging, situate in Grant District, Marion County, West Virginia, and more particularly described as follows:
Legal Description
All that certain land situate, lying, and being in Grant District, Marion County, West Virginia, and being more particularly bounded and described as follows, to-wit:
Parcel "K":
Beginning at a 5/8" capped iron pan set in the easterly line of an existing 50 foot wide right of way known as Right of Way "A" at its intersection with another existing 50 foot wide right of way known as Right of Way "E;" thence running along the southerly line of said Right of Way "E," N. 45-50-48 E. 200 feet to a 5/8" capped iron pen set, corner to other lands of Southlands Properties, LLC; thence leaving said 50 foot wide right of way and running with two arbitrary lines through the lands of Southland Properties, LLC, S. 44-09-13 E. 331.13 feet to a 5/8" capped iron pen set, thence S. 45-50-48 W. 194.65 feet to a 5/8" capped iron pin set in the easterly line of the aforesaid Right of Way "A;" thence with a line of same, N. 45-04-44 W. 331.17 feet to the place of beginning, containing 1.50 acres, more or less, as shown on survey dated April 12, 2011, prepared by Gary A. Pratt, P. S. No. 907, Landmark Surveying Company of record in the Office of the Clerk of Marion County, West Virginia, in Map Cabinet Sleeve 133, Side B.
And being the same real estate conveyed to Wilfong Hospitality II, LLC, a West Virginia Limited Liability Company, from Southland Properties, LLC, a West Virginia Limited Liability Company, by deed dated September 20, 2012, which deed is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1120 at Page 235.
The Grantor does hereby further grant and convey unto the Grantee:
(a)A perpetual appurtenant non-exclusive right of way for the purpose of ingress, egress and regress to and from US Route 250 to the property conveyed herein ("Real Estate"), which right of way is situate adjacent to and north of the real estate known as "Middletown Mall" ("Access Easement") and provides for the free and uninterrupted access of Grantee and its successors and assigns utilizing the existing roads; so described, and
(b) Perpetual appurtenant easements for installing, laying, maintaining, repairing, removing, operating, inspecting, upgrading, improving and otherwise transmitting to and from the Real Estate public or private utilities and utility services and systems of all varieties required for the beneficial use of the property herein conveyed, as necessary for the construction and operation of a hotel upon the Real Estate, or otherwise, including, but not limited to, water, sewer, gas, electric, telephone, cable, internet, stormwater drainage, and such other utilities and technologies that may be here after developed or emerge and be reasonable or necessary for beneficial use, and/or operation of the Real Estate by Grantee, and its successors in ownership thereof. Each such easement shall be along, under, through, or next to, and within 10 feet on each side of all roadways leading to the Real Estate. Grantor further agrees to grant to Grantee hereafter, such temporary and/or permanent rights of way or easements as may be reasonably necessary to implement all provisions contained in this Deed or the August 16, 2012, Purchase Agreement between Grantor and Grantee. Except as expressly set forth and required below, Grantor shall not have or bear any responsibility for the construction or cost of construction required by Grantee or by any governmental authority having control or approval over Grantee's development of the Real Estate.
Grantor and Grantee do further covenant and agree as follows:
(a)Grantor or its successors, shall be obligated to maintain in satisfactory condition all roadways used for access to, from, and between the Real Estate and U.S. Route 250. In consideration of the continued maintenance by Grantor, Grantee shall pay to Grantor a fee for its share of the maintenance of the Access Easement, described in Paragraph One (1) hereof, the sum of one thousand dollars ($1,000.00) each year, first payment commencing on the first date of the first month after the closing ("Access Easement Maintenance Fee"). Commencing on the fifth (5th) anniversary of the first payment, the Access Easement Maintenance Fee shall be adjusted to one hundred ten percent (110%) of the previous year's Access Easement Maintenance Fee. Said adjustment amount would then be the Access Easement Maintenance Fee for the next five (5) years thereafter. Said Access Easement Maintenance Fee shall be adjusted each five (5) year period in like manner.
(b)Grantor retains the right at its expense to dedicate all or any portion of the Access Easement to the appropriate state or municipal body. To the extent necessary, Grantee shall cooperate in effecting any such dedication and join in the execution of documents required for such dedication. The provisions hereof relating to payment of Grantee of the fee for maintenance of the Access Easement shall proportionately cease to apply to the extent all or any portions are accepted for maintenance by our governmental entity or authority as of the date of such dedication and acceptance of maintenance.
(c)Grantee shall not use any portion of the real estate, nor will it cause or allow any part of such real estate to be used for any purpose or business, which: (i) is dangerous or unsafe; (ii) involves the sale, distribution, or display of any pornographic (as defined by local law or custom) books, films, or other materials (but this shall not prohibit or restrict any pay-per-view television services offered to hotel guests for their in-room viewing); or (iii) constitutes a nuisance, or is noxious or offensive by reason of noise or emission of dust, odor, gas, smoke, fumes, or other refuse matter or wastes, or by reason of the collection of storage or scrap materials, waste, junk, rags, empty used bottles or the like..
(d)All improvements hereinafter constructed on the Real Estate may be used only for the following, or substantially similar commercial purposes: retail stores, restaurants (including "fast food" restaurants), medical or other professional or commercial office facilities, or other uses commonly found in and compatible with first-class enclosed shopping centers. The construction and operation of a hotel and standard associated services and facilities upon the Real Estate is expressly authorized.
(e)Grantee shall not use any portion of the Real Estate, nor will it cause or allow any part of the Real Estate to be used for any of the following purposes: (i) operation of a restaurant which has pizza as its principal product; (ii) operation of a supermarket or food store; (iii) operation of a discount department store or deep discount drug store; (iv) operation of a movie theater, bowling alley, massage parlor, laundromat, or automobile body shop; (v) operation of an off-track betting or gaming facility; and (vi) operation of a restaurant which serves primarily Mexican food; and (vii) a family style restaurant serving three (3) meals a day similar to a Bob Evans, Shoney's, Cracker Barrel, Denny's, IHOP, Friendly's, Big Boy, Perkins, Eat-n-Park, Waffle House or Country Kitchen; (viii) a family-style restaurant or acasual theme restaurant similar to a Friday's, Banyan's, ChiChi's, Olive Garden, Red Lobster, Ryan's Steakhouse, or Lone Star Steakhouse. Nothing in this section shall prohibit Grantee from offering hot or cold breakfast meals, snack, beverages and similar foods as is typical of hotel facilities today.
(f)The extension and/or relocation of all utilities, light polls, and/or easements within the perimeter of the Real Estate shall be the responsibility of Grantee. The extension and relocation of all utilities, light poles, and/or easements to the perimeter of the Real Estate shall be the responsibility of Grantor. To the extent that easements for same are not set forth in this Deed Grantor agrees to grant to Grantee easements over, along and within other property of Grantor to extend such utilities to the Real Estate subject to plan submission and approval is set forth in paragraph 5(a) of the August 16, 2012, Agreement of Sale between Grantor and Grantee. Grantor shall within ninety (90) days after recordation of this deed, deliver each of the following public utilities stubbed to the boundary of the Real Estate with sufficient capacity to accommodate construction and operation of a 63 room hotel from and on the Real Estate: public water, sewer, electric, gas, cable, and telephone, and private storm water drainage, all in sufficient capacity and quantity to meet the Grantee's need. Grantor shall cause all of the same to be completed, serviced and charged sufficient for use by Grantee, not later than ninety (90) days after recordation of this deed. To the extent that Grantor is unable to fulfill the utility requirements prior to ninety (90) days after recordation of this deed, and Grantee must extend any utility or utilities to the Real Estate property line after Closing: (a) Grantor shall, grant or convey to Grantee sufficient and alienable easements for extension of such utilities; (b) Grantee may cause installation of the same utilities over, across, and through lands of Grantor; and (c) Grantor shall reimburse to Grantee within ninety (90) days after delivery of actual paid receipt of all costs incurred by Grantee in the installation of such utilities. All utilities serving the Real Estate shall be installed underground, no above ground utility lines or equipment shall be permitted, except for boxes and meters and such similar amenities which must be above ground for in ground facilities
(g)Grantor will pay for utilities to the perimeter of the Real Estate, but Grantee shall pay for meter and tap fees.
(h)Grantee shall be responsible, at its sole cost, to maintain, repair and replace those portions of the storm water line, sanitary sewer line, electric, and the water lines that are located within the perimeter of the Real Estate and owned by Grantee.
(i)In the event that Grantor, in its sole discretion, decides to dedicate any privately owned portions of the utility lines, if any, to the appropriate governmental body or public utility company, Grantee hereby consents to such dedication and agrees to cooperate with Grantor to facilitate such dedication, provided such dedication shall not restrict the use of the Real Estate.
(j)Prior to Grantee's entry upon Grantor's property, and likewise prior to Grantor's entry upon Grantee's property for purposes of installation, maintenance, repairs, or replacement of connections to utility lines, Grantee and all contractors working for Grantee upon Grantor's property and Grantor and all contractors working for Grantor upon Grantee's property shall supply satisfactory evidence to Grantor or Grantee as the case may be that each maintain property, casualty, and liability insurance and coverage for liability as assumed under contracts. Grantee and Grantor each agree to be responsible for and shall identify and hold harmless the other from (i) any and all loss, cost or damage to persons or property resulting from their negligence or that of their agents, contractors, or employees in connection with work performed on the other's property in installing, maintaining, repairing, replacing or connecting to utility lines and/or (ii) any mechanic's or materialman's liens arising as a result of such work.
(k)Grantee shall, commencing at the time when Grantee begins utilizing each of the same, be responsible for the maintenance, operation, and repair of those portions of the water line, storm water line, sanitary sewer line, sanitary force main piping, storm water easements, and appurtenances which Grantee actually uses in common with other properties in the Middletown Mall and which are not otherwise maintained by any municipal or public utility service or company, Grantee agrees to share with all parties in the Middletown Mall using the same lines as Grantee pro rata the costs of maintaining, operating, and repairing the aforesaid water line, storm water line, sanitary sewer line, sanitary pump station, sanitary force main piping, storm water detention pond, easements, and appurtenances used by Grantee in common with other properties in the Middletown Mall ("Common Utility Maintenance"). Grantee's share of Common Utility Maintenance shall be in amount equal to the actual out-of-pocket costs incurred by Grantor for repair and maintenance of the said common utility lines actually used by Grantee multiplied by a fraction, with the denominator being the total area of all parcels in the Middletown Mall, actually using said common utilities and the numerator being the area of the Real Estate actually using said common utilities. Said Common Utility Maintenance shall be payable within thirty (30) days after submission of an invoice with appropriate backup information by Grantor to Grantee. Grantor shall also insure its operations for the benefit of all parties and shall also provide an annual accounting and reconciliation of all sums expended for operation of the system, upon reasonable request. All billings or statements for payment of Common Utility Maintenance Fees, issued by Grantor to Grantee shall include a description of the specific utility costs being reimbursed and the areas of property serviced thereby. Grantee shall have no duty to contribute to the maintenance of any of the above systems until they first actually used by Grantee.
These covenants and restrictions shall run with the land and Grantee's successors and assigns shall be bound by these covenants and restrictions.
There is EXCEPTED AND RESERVED and not here by conveyed all of the coal, oil, gas and other minerals, within and underlying the aforesaid parcel, together with the mining and drilling rights appurtenant thereto.
This conveyance has made subject to any and all exceptions, reservations, restrictions, easements, rights-of-way and conditions as contained in prior deeds of conveyance in this chain of title.
TERMS OF SALE:
1)The property will be conveyed in "As Is" physical condition by Trustee's Deed in the form prescribed by W. Va. Code § 38-1-6, containing no warranty, express or implied, and further subject to all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-way, easements, covenants, conveyances, and conditions of record in the Clerk's office or affecting the subject property.
2)Sale of the Property will be made by the Trustee, by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his opinion is inadequate.
3)The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
4)The Beneficiary and/or Servicer of the Deed of Trust, Line of Credit Deed of Trust, and/or Note, reserves the right to submit a bid for the Property at sale and the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
5)The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate.
6)The Trustee reserves the right to continue the 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.
7)The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property. Any and all legal procedural requirements to obtain physical possession of the Property after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the date of the foreclosure sale.
8)All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Property. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate.
9)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, or on the date of the sale, by cashier's check, cash or the equivalent. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to re-sell the Property pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Property to the next highest bidder if such bidder will honor his or her bid.
Given under my hand this 30th day of April, 2026.
Michael A. Jacks, Substitute Trustee
s/Michael Jacks
Michael Jacks, Esq., (W. Va. Bar. No. 11044)
Jacks Legal Group, P.L.L.C.
United Federal Credit Union Building
3467 University Ave, Suite 200
Morgantown, WV 26505
(304) 599-4770 (office)
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 February 14, 2013, and duly recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1056, at Page 382, on May 8, 2013, WILFONG HOSPITALITY II, LLC, did convey unto William T. Holmes, Esq., Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to designate Michael Jacks as Substitute Trustee by a Designation of Substitute Trustee dated December 19, 2025, and recorded in the aforesaid Clerk's office at Book 1377, Page 246; and DEFAULT having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the beneficiary, Citizens Bank, to foreclose under the Deed of Trust, will offer for sale at public auction at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia, Zip Code 26554, on
May 29, 2026 at 10:00AM.
The following described real estate, the Microtel Inn & Suites by Wyndham Fairmont, with an address of 20 Southland Drive, Fairmont, West Virginia, 26554, (the "Property") together with improvements, easements, and appurtenances thereunto belonging, situate in Grant District, Marion County, West Virginia, and more particularly described as follows:
Legal Description
All that certain land situate, lying, and being in Grant District, Marion County, West Virginia, and being more particularly bounded and described as follows, to-wit:
Parcel "K":
Beginning at a 5/8" capped iron pan set in the easterly line of an existing 50 foot wide right of way known as Right of Way "A" at its intersection with another existing 50 foot wide right of way known as Right of Way "E;" thence running along the southerly line of said Right of Way "E," N. 45-50-48 E. 200 feet to a 5/8" capped iron pen set, corner to other lands of Southlands Properties, LLC; thence leaving said 50 foot wide right of way and running with two arbitrary lines through the lands of Southland Properties, LLC, S. 44-09-13 E. 331.13 feet to a 5/8" capped iron pen set, thence S. 45-50-48 W. 194.65 feet to a 5/8" capped iron pin set in the easterly line of the aforesaid Right of Way "A;" thence with a line of same, N. 45-04-44 W. 331.17 feet to the place of beginning, containing 1.50 acres, more or less, as shown on survey dated April 12, 2011, prepared by Gary A. Pratt, P. S. No. 907, Landmark Surveying Company of record in the Office of the Clerk of Marion County, West Virginia, in Map Cabinet Sleeve 133, Side B.
And being the same real estate conveyed to Wilfong Hospitality II, LLC, a West Virginia Limited Liability Company, from Southland Properties, LLC, a West Virginia Limited Liability Company, by deed dated September 20, 2012, which deed is recorded in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1120 at Page 235.
The Grantor does hereby further grant and convey unto the Grantee:
(a)A perpetual appurtenant non-exclusive right of way for the purpose of ingress, egress and regress to and from US Route 250 to the property conveyed herein ("Real Estate"), which right of way is situate adjacent to and north of the real estate known as "Middletown Mall" ("Access Easement") and provides for the free and uninterrupted access of Grantee and its successors and assigns utilizing the existing roads; so described, and
(b) Perpetual appurtenant easements for installing, laying, maintaining, repairing, removing, operating, inspecting, upgrading, improving and otherwise transmitting to and from the Real Estate public or private utilities and utility services and systems of all varieties required for the beneficial use of the property herein conveyed, as necessary for the construction and operation of a hotel upon the Real Estate, or otherwise, including, but not limited to, water, sewer, gas, electric, telephone, cable, internet, stormwater drainage, and such other utilities and technologies that may be here after developed or emerge and be reasonable or necessary for beneficial use, and/or operation of the Real Estate by Grantee, and its successors in ownership thereof. Each such easement shall be along, under, through, or next to, and within 10 feet on each side of all roadways leading to the Real Estate. Grantor further agrees to grant to Grantee hereafter, such temporary and/or permanent rights of way or easements as may be reasonably necessary to implement all provisions contained in this Deed or the August 16, 2012, Purchase Agreement between Grantor and Grantee. Except as expressly set forth and required below, Grantor shall not have or bear any responsibility for the construction or cost of construction required by Grantee or by any governmental authority having control or approval over Grantee's development of the Real Estate.
Grantor and Grantee do further covenant and agree as follows:
(a)Grantor or its successors, shall be obligated to maintain in satisfactory condition all roadways used for access to, from, and between the Real Estate and U.S. Route 250. In consideration of the continued maintenance by Grantor, Grantee shall pay to Grantor a fee for its share of the maintenance of the Access Easement, described in Paragraph One (1) hereof, the sum of one thousand dollars ($1,000.00) each year, first payment commencing on the first date of the first month after the closing ("Access Easement Maintenance Fee"). Commencing on the fifth (5th) anniversary of the first payment, the Access Easement Maintenance Fee shall be adjusted to one hundred ten percent (110%) of the previous year's Access Easement Maintenance Fee. Said adjustment amount would then be the Access Easement Maintenance Fee for the next five (5) years thereafter. Said Access Easement Maintenance Fee shall be adjusted each five (5) year period in like manner.
(b)Grantor retains the right at its expense to dedicate all or any portion of the Access Easement to the appropriate state or municipal body. To the extent necessary, Grantee shall cooperate in effecting any such dedication and join in the execution of documents required for such dedication. The provisions hereof relating to payment of Grantee of the fee for maintenance of the Access Easement shall proportionately cease to apply to the extent all or any portions are accepted for maintenance by our governmental entity or authority as of the date of such dedication and acceptance of maintenance.
(c)Grantee shall not use any portion of the real estate, nor will it cause or allow any part of such real estate to be used for any purpose or business, which: (i) is dangerous or unsafe; (ii) involves the sale, distribution, or display of any pornographic (as defined by local law or custom) books, films, or other materials (but this shall not prohibit or restrict any pay-per-view television services offered to hotel guests for their in-room viewing); or (iii) constitutes a nuisance, or is noxious or offensive by reason of noise or emission of dust, odor, gas, smoke, fumes, or other refuse matter or wastes, or by reason of the collection of storage or scrap materials, waste, junk, rags, empty used bottles or the like..
(d)All improvements hereinafter constructed on the Real Estate may be used only for the following, or substantially similar commercial purposes: retail stores, restaurants (including "fast food" restaurants), medical or other professional or commercial office facilities, or other uses commonly found in and compatible with first-class enclosed shopping centers. The construction and operation of a hotel and standard associated services and facilities upon the Real Estate is expressly authorized.
(e)Grantee shall not use any portion of the Real Estate, nor will it cause or allow any part of the Real Estate to be used for any of the following purposes: (i) operation of a restaurant which has pizza as its principal product; (ii) operation of a supermarket or food store; (iii) operation of a discount department store or deep discount drug store; (iv) operation of a movie theater, bowling alley, massage parlor, laundromat, or automobile body shop; (v) operation of an off-track betting or gaming facility; and (vi) operation of a restaurant which serves primarily Mexican food; and (vii) a family style restaurant serving three (3) meals a day similar to a Bob Evans, Shoney's, Cracker Barrel, Denny's, IHOP, Friendly's, Big Boy, Perkins, Eat-n-Park, Waffle House or Country Kitchen; (viii) a family-style restaurant or acasual theme restaurant similar to a Friday's, Banyan's, ChiChi's, Olive Garden, Red Lobster, Ryan's Steakhouse, or Lone Star Steakhouse. Nothing in this section shall prohibit Grantee from offering hot or cold breakfast meals, snack, beverages and similar foods as is typical of hotel facilities today.
(f)The extension and/or relocation of all utilities, light polls, and/or easements within the perimeter of the Real Estate shall be the responsibility of Grantee. The extension and relocation of all utilities, light poles, and/or easements to the perimeter of the Real Estate shall be the responsibility of Grantor. To the extent that easements for same are not set forth in this Deed Grantor agrees to grant to Grantee easements over, along and within other property of Grantor to extend such utilities to the Real Estate subject to plan submission and approval is set forth in paragraph 5(a) of the August 16, 2012, Agreement of Sale between Grantor and Grantee. Grantor shall within ninety (90) days after recordation of this deed, deliver each of the following public utilities stubbed to the boundary of the Real Estate with sufficient capacity to accommodate construction and operation of a 63 room hotel from and on the Real Estate: public water, sewer, electric, gas, cable, and telephone, and private storm water drainage, all in sufficient capacity and quantity to meet the Grantee's need. Grantor shall cause all of the same to be completed, serviced and charged sufficient for use by Grantee, not later than ninety (90) days after recordation of this deed. To the extent that Grantor is unable to fulfill the utility requirements prior to ninety (90) days after recordation of this deed, and Grantee must extend any utility or utilities to the Real Estate property line after Closing: (a) Grantor shall, grant or convey to Grantee sufficient and alienable easements for extension of such utilities; (b) Grantee may cause installation of the same utilities over, across, and through lands of Grantor; and (c) Grantor shall reimburse to Grantee within ninety (90) days after delivery of actual paid receipt of all costs incurred by Grantee in the installation of such utilities. All utilities serving the Real Estate shall be installed underground, no above ground utility lines or equipment shall be permitted, except for boxes and meters and such similar amenities which must be above ground for in ground facilities
(g)Grantor will pay for utilities to the perimeter of the Real Estate, but Grantee shall pay for meter and tap fees.
(h)Grantee shall be responsible, at its sole cost, to maintain, repair and replace those portions of the storm water line, sanitary sewer line, electric, and the water lines that are located within the perimeter of the Real Estate and owned by Grantee.
(i)In the event that Grantor, in its sole discretion, decides to dedicate any privately owned portions of the utility lines, if any, to the appropriate governmental body or public utility company, Grantee hereby consents to such dedication and agrees to cooperate with Grantor to facilitate such dedication, provided such dedication shall not restrict the use of the Real Estate.
(j)Prior to Grantee's entry upon Grantor's property, and likewise prior to Grantor's entry upon Grantee's property for purposes of installation, maintenance, repairs, or replacement of connections to utility lines, Grantee and all contractors working for Grantee upon Grantor's property and Grantor and all contractors working for Grantor upon Grantee's property shall supply satisfactory evidence to Grantor or Grantee as the case may be that each maintain property, casualty, and liability insurance and coverage for liability as assumed under contracts. Grantee and Grantor each agree to be responsible for and shall identify and hold harmless the other from (i) any and all loss, cost or damage to persons or property resulting from their negligence or that of their agents, contractors, or employees in connection with work performed on the other's property in installing, maintaining, repairing, replacing or connecting to utility lines and/or (ii) any mechanic's or materialman's liens arising as a result of such work.
(k)Grantee shall, commencing at the time when Grantee begins utilizing each of the same, be responsible for the maintenance, operation, and repair of those portions of the water line, storm water line, sanitary sewer line, sanitary force main piping, storm water easements, and appurtenances which Grantee actually uses in common with other properties in the Middletown Mall and which are not otherwise maintained by any municipal or public utility service or company, Grantee agrees to share with all parties in the Middletown Mall using the same lines as Grantee pro rata the costs of maintaining, operating, and repairing the aforesaid water line, storm water line, sanitary sewer line, sanitary pump station, sanitary force main piping, storm water detention pond, easements, and appurtenances used by Grantee in common with other properties in the Middletown Mall ("Common Utility Maintenance"). Grantee's share of Common Utility Maintenance shall be in amount equal to the actual out-of-pocket costs incurred by Grantor for repair and maintenance of the said common utility lines actually used by Grantee multiplied by a fraction, with the denominator being the total area of all parcels in the Middletown Mall, actually using said common utilities and the numerator being the area of the Real Estate actually using said common utilities. Said Common Utility Maintenance shall be payable within thirty (30) days after submission of an invoice with appropriate backup information by Grantor to Grantee. Grantor shall also insure its operations for the benefit of all parties and shall also provide an annual accounting and reconciliation of all sums expended for operation of the system, upon reasonable request. All billings or statements for payment of Common Utility Maintenance Fees, issued by Grantor to Grantee shall include a description of the specific utility costs being reimbursed and the areas of property serviced thereby. Grantee shall have no duty to contribute to the maintenance of any of the above systems until they first actually used by Grantee.
These covenants and restrictions shall run with the land and Grantee's successors and assigns shall be bound by these covenants and restrictions.
There is EXCEPTED AND RESERVED and not here by conveyed all of the coal, oil, gas and other minerals, within and underlying the aforesaid parcel, together with the mining and drilling rights appurtenant thereto.
This conveyance has made subject to any and all exceptions, reservations, restrictions, easements, rights-of-way and conditions as contained in prior deeds of conveyance in this chain of title.
TERMS OF SALE:
1)The property will be conveyed in "As Is" physical condition by Trustee's Deed in the form prescribed by W. Va. Code § 38-1-6, containing no warranty, express or implied, and further subject to all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-way, easements, covenants, conveyances, and conditions of record in the Clerk's office or affecting the subject property.
2)Sale of the Property will be made by the Trustee, by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his opinion is inadequate.
3)The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
4)The Beneficiary and/or Servicer of the Deed of Trust, Line of Credit Deed of Trust, and/or Note, reserves the right to submit a bid for the Property at sale and the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.
5)The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate.
6)The Trustee reserves the right to continue the 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.
7)The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property. Any and all legal procedural requirements to obtain physical possession of the Property after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the date of the foreclosure sale.
8)All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Property. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate.
9)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, or on the date of the sale, by cashier's check, cash or the equivalent. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to re-sell the Property pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Property to the next highest bidder if such bidder will honor his or her bid.
Given under my hand this 30th day of April, 2026.
Michael A. Jacks, Substitute Trustee
s/Michael Jacks
Michael Jacks, Esq., (W. Va. Bar. No. 11044)
Jacks Legal Group, P.L.L.C.
United Federal Credit Union Building
3467 University Ave, Suite 200
Morgantown, WV 26505
(304) 599-4770 (office)
Posted 3 days ago
