NOTICE OF TRUSTEE'S SALE
Noti...
NOTICE OF TRUSTEE'S SALE
Noti...
NOTICE OF TRUSTEE'S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust dated October 7, 2016, and recorded in the office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1156, Page 552 made by Jacob Lee Lewis in favor of Jeffery S. Compton, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of Fairmont Federal Credit Union, in the original principal amount of $110,500.00, 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, Fairmont Federal Credit Union, 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 Appointment of Substitute or Successor Trustee, dated March 28, 2025, of record in the aforesaid Clerk's office in Book 1360, at page 282.
Fairmont Federal Credit Union, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that Jacob Lee Lewis is in default under the terms of the Deed of Trust and the Promissory Note, 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 the 4th day of June, 2025, at 9:00 a.m., prevailing Eastern time, at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia 26554, certain real estate situate in Marion County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the "Real Property"):
All of the following described tract or parcel of real estate situate in Barry Addition No. 2 to the City of Fairmont, Fairmont District, Marion County, West Virginia, as shown upon a map or plat of said Addition of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 491, at page 19, and upon a revised map or plat of record in said Clerk's office in Deed Book No. 599, at page 216, described as follows:
LOT NO. SEVENTY (70) AND THE EASTERLY PORTION OF LOT NO. SIXTY-NINE (69), beginning at an iron pin in the northerly line of River Road, a distance of 570.42 feet from the southwesterly corner of Lot No. 63, and being the point of intersection of the northerly line of River Road and the easterly line of a 20 foot street, said iron pin also being a distance of 20.10 feet from a common corner of Lot Nos. 69 and 70, and running thence N. 1deg. 36' W. 137.46 feet to an iron pin in the southerly line of Lot No. 54; thence with the southerly line of Lot No. 54 and Lot No. 53, N. 88deg. 24' E. 70.0 feet to an iron pin, common corner to Lot Nos. 52, 53, 70, and 71; thence with the division line of Lot Nos. 70 and 71, S. 1deg. 36' E. 144.49 feet to an iron pin in the northerly line of River Road; thence with the same, N. 85deg. 52' W. 70.35 feet to the place of beginning.
The real estate hereby conveyed is the same real estate that was conveyed unto David E. Harris, Jr., by deed from Constance L. Vessecchia, Executrix of the Last Will and Testament of Geraldine L. Thompson, deceased, dated October 12, 2001, of record in said Clerk's office in Deed Book No. 971, at page 956.
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. 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 sect. 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 Jacob Lee Lewis and other property owners 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 30th day of April, 2025.
C. Seth Wilson, Esq., Substitute Trustee
NOTICE OF TRUSTEE'S SALE
Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust dated October 7, 2016, and recorded in the office of the Clerk of the County Commission of Marion County, West Virginia, in Trust Deed Book 1156, Page 552 made by Jacob Lee Lewis in favor of Jeffery S. Compton, as Trustee securing repayment of indebtedness evidenced by that certain Promissory Note payable to the order of Fairmont Federal Credit Union, in the original principal amount of $110,500.00, 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, Fairmont Federal Credit Union, 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 Appointment of Substitute or Successor Trustee, dated March 28, 2025, of record in the aforesaid Clerk's office in Book 1360, at page 282.
Fairmont Federal Credit Union, the owner and holder of the Promissory Note secured by the Deed of Trust, has notified the Successor Trustee that Jacob Lee Lewis is in default under the terms of the Deed of Trust and the Promissory Note, 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 the 4th day of June, 2025, at 9:00 a.m., prevailing Eastern time, at the front door of the Marion County Courthouse, 219 Adams Street, Fairmont, West Virginia 26554, certain real estate situate in Marion County, West Virginia, and being more particularly bounded and described as follows (hereinafter, the "Real Property"):
All of the following described tract or parcel of real estate situate in Barry Addition No. 2 to the City of Fairmont, Fairmont District, Marion County, West Virginia, as shown upon a map or plat of said Addition of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book No. 491, at page 19, and upon a revised map or plat of record in said Clerk's office in Deed Book No. 599, at page 216, described as follows:
LOT NO. SEVENTY (70) AND THE EASTERLY PORTION OF LOT NO. SIXTY-NINE (69), beginning at an iron pin in the northerly line of River Road, a distance of 570.42 feet from the southwesterly corner of Lot No. 63, and being the point of intersection of the northerly line of River Road and the easterly line of a 20 foot street, said iron pin also being a distance of 20.10 feet from a common corner of Lot Nos. 69 and 70, and running thence N. 1deg. 36' W. 137.46 feet to an iron pin in the southerly line of Lot No. 54; thence with the southerly line of Lot No. 54 and Lot No. 53, N. 88deg. 24' E. 70.0 feet to an iron pin, common corner to Lot Nos. 52, 53, 70, and 71; thence with the division line of Lot Nos. 70 and 71, S. 1deg. 36' E. 144.49 feet to an iron pin in the northerly line of River Road; thence with the same, N. 85deg. 52' W. 70.35 feet to the place of beginning.
The real estate hereby conveyed is the same real estate that was conveyed unto David E. Harris, Jr., by deed from Constance L. Vessecchia, Executrix of the Last Will and Testament of Geraldine L. Thompson, deceased, dated October 12, 2001, of record in said Clerk's office in Deed Book No. 971, at page 956.
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. 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 sect. 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 Jacob Lee Lewis and other property owners 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 30th day of April, 2025.
C. Seth Wilson, Esq., Substitute Trustee
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