NOTICE OF TRUSTEE'S SALE
NOTI...
NOTICE OF TRUSTEE'S SALE
NOTI...
NOTICE OF TRUSTEE'S SALE
NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 15, 2017, executed by the Borrower, Nicole Colton, to First American Title Insurance Company, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1179, at Page 737. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 431 Pike St., Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 13, 2025, of record in the Clerk's Office in Book 1375, at Page 138. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on the following date:
January 14, 2026, at 4:38 p.m.
All those certain tracts or parcels of real estate situate on Mill Fall Run, Lincoln District, Marion County, West Virginia as follows:
FIRST PARCEL: Lot No. 1 as 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. 1004, at page 360, beginning at an iron pipe in line of Elliott and running thence with the line of Elliott, N. 65° 16' E. 262.1 feet to an iron pipe; thence with the line of West Virginia Secondary Route 54/6 with a curve to the left having a radius of 262.5 feet, a distance of 109.7 feet to an iron pipe, corner to Lot No. 2; thence with the line of Lot No. 2, S. 61° 36' W. 178.8 feet to an iron pipe; thence N. 42° 34' W. 114.4 feet to the place of beginning, containing 0.53 acre, more or less.
Excepted and reserved from said first parcel, that certain .08-acre tract conveyed unto Ronald Elliott and Carol Elliott from Robert E. Butler, Jr., by deed dated March 14, 2012, which deed is of record in the Office of the Clerk of the County Commission, Marion County, West Virginia, in Deed Book 1110, at page 148, and described as follows:
Beginning at a 5/8 inch iron pin set on the western right of way limits of West Virginia Secondary Route 54/6, and corner to the Grantees (Elliotts), thence with one line of said road right of way with a curve to the left having a radius of 262.50 feet and an arc length of 22.57 feet to a 5/8 inch iron pin set; thence with two new division lines through the real estate of the Grantor (Butler), S. 70° 57' 12" W. 115.86 feet to a 5/8 inch iron pin set; thence S. 58° 23' 31" W. 127.35 feet to a point in the line of property of the Grantees; thence with the line of the Grantees, N. 42° 34' 00" W. 23.10 feet to a one-inch galvanized pipe found, an original corner to the Grantees and Grantor; thence with said original line, N. 65° 16' 00" E. 262.10 feet to the place of the beginning, and as shown on a plat attached to the last aforementioned deed, which reference is hereby made for all pertinent purposes.
SECOND PARCEL: Lot No. 2 as shown on the aforesaid plat, beginning at an iron pin in the line of Lot No. 1 and running thence with the line of Lot No. 1, N. 61° 36' E. 178.8 feet to an iron pipe in the line of West Virginia Secondary Route 54/6; thence with the line of said road with a curve to the left having a radius of 262.5 feet, a distance of 33.1 feet; thence continuing with said road, S. 23° 37' E. 86.8 feet to an iron pipe; thence S. 66° 36' W. 160.0 feet to an iron pipe; thence N. 30° 34' W. 104.6 feet to the place of beginning containing 0.43 acre, more or less.
THIRD PARCEL: Beginning at an iron pipe in the southeastern corner of Lot No. 2 and running thence with the line of Lot No. 2, N. 66° 36' E. 160.0 feet to an iron pipe in the line of West Virginia Secondary Route 54/6; thence with the line of said road in a southerly direction a distance of 142 feet, more or less, to a utility pole; thence with a line in a northwesterly direction to the place of beginning.
Together with any and all right, title, and interest that the Grantors may have in and to coal, oil, gas, and other mineral within and underlying the above three parcels of real estate and not heretofore excepted, reserved or conveyed away.
FOURTH PARCEL: Beginning at a point located S. 42° 34' 00" E. from a one inch galvanized pipe found, corner to the Grantors and Grantee, thence with three lines of the Grantee (Butler), S. 42° 34' 00" E. 91.30 feet to a one inch galvanized pipe found; thence S. 30° 30' 28" E. 104.50 feet to a one inch galvanized pipe found; thence S. 75° 27' 43" E. 205.09 feet to a point on the western right of way limits of West Virginia Secondary Route 54/6; thence with one line of the same, S. 23° 54' 47" E. 12.19 feet to a 5/8 inch iron pin set; thence with four new division lines through the property of the Grantors, (now or formerly Elliotts), N. 79° 28' 23" W. 174.18 feet to a 5/8 inch iron pin set; thence N. 50° 59' 04" W. 59.42 feet to a 5/8 inch iron pin set; thence N. 34° 47' 11" W. 181.46 feet to a 5/8 inch iron pin set; thence N. 58° 23' 31" E. 3.13 feet to the place of beginning, containing 0.12 acre, and shown on a map or plat of said real estate of record in the Clerk's office in Deed Book No. 1110, at page 147.
Reference to the aforementioned maps and plats are hereby made for all pertinent purposes.
Being the same real estate conveyed unto Nicole Colton from Robert E. Butler, Jr. and Lyndsay Butler, husband and wife, by deed dated September 6, 2017, and recorded in Deed Book 1215, at Page 985 in the Office of the Clerk of Marion County, West Virginia.
There is excepted and reserved all of the Pittsburgh or nine foot vein or seam of coal within and underlying said real estate, together with mining rights and privileges belonging or appurtenant thereto, to the extent conveyed away by Newton Jones, et ux., to Lambert Run Coal Company, by deed dated December 1, 1919, and of record in the aforesaid Clerk's office in Deed Book No. 232, at page 105.
Said real estate is further expressly subject to any and all other mineral reservations or exceptions, and all other exceptions, reservations, conditions, restrictions, covenants, limitations, rights of way and easements of record under and by which the Grantor is bound in the ownership of the property herein conveyed insofar as the same are now in force and effect.
TERMS OF SALE:
1)The property will be conveyed in an "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 § 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 said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6)The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY: /s/Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.com
NOTICE OF TRUSTEE'S SALE
NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 15, 2017, executed by the Borrower, Nicole Colton, to First American Title Insurance Company, the Trustee, of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Book 1179, at Page 737. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 431 Pike St., Fairmont, WV 26554. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated November 13, 2025, of record in the Clerk's Office in Book 1375, at Page 138. The Borrower defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Marion County, in Fairmont, West Virginia, on the following date:
January 14, 2026, at 4:38 p.m.
All those certain tracts or parcels of real estate situate on Mill Fall Run, Lincoln District, Marion County, West Virginia as follows:
FIRST PARCEL: Lot No. 1 as 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. 1004, at page 360, beginning at an iron pipe in line of Elliott and running thence with the line of Elliott, N. 65° 16' E. 262.1 feet to an iron pipe; thence with the line of West Virginia Secondary Route 54/6 with a curve to the left having a radius of 262.5 feet, a distance of 109.7 feet to an iron pipe, corner to Lot No. 2; thence with the line of Lot No. 2, S. 61° 36' W. 178.8 feet to an iron pipe; thence N. 42° 34' W. 114.4 feet to the place of beginning, containing 0.53 acre, more or less.
Excepted and reserved from said first parcel, that certain .08-acre tract conveyed unto Ronald Elliott and Carol Elliott from Robert E. Butler, Jr., by deed dated March 14, 2012, which deed is of record in the Office of the Clerk of the County Commission, Marion County, West Virginia, in Deed Book 1110, at page 148, and described as follows:
Beginning at a 5/8 inch iron pin set on the western right of way limits of West Virginia Secondary Route 54/6, and corner to the Grantees (Elliotts), thence with one line of said road right of way with a curve to the left having a radius of 262.50 feet and an arc length of 22.57 feet to a 5/8 inch iron pin set; thence with two new division lines through the real estate of the Grantor (Butler), S. 70° 57' 12" W. 115.86 feet to a 5/8 inch iron pin set; thence S. 58° 23' 31" W. 127.35 feet to a point in the line of property of the Grantees; thence with the line of the Grantees, N. 42° 34' 00" W. 23.10 feet to a one-inch galvanized pipe found, an original corner to the Grantees and Grantor; thence with said original line, N. 65° 16' 00" E. 262.10 feet to the place of the beginning, and as shown on a plat attached to the last aforementioned deed, which reference is hereby made for all pertinent purposes.
SECOND PARCEL: Lot No. 2 as shown on the aforesaid plat, beginning at an iron pin in the line of Lot No. 1 and running thence with the line of Lot No. 1, N. 61° 36' E. 178.8 feet to an iron pipe in the line of West Virginia Secondary Route 54/6; thence with the line of said road with a curve to the left having a radius of 262.5 feet, a distance of 33.1 feet; thence continuing with said road, S. 23° 37' E. 86.8 feet to an iron pipe; thence S. 66° 36' W. 160.0 feet to an iron pipe; thence N. 30° 34' W. 104.6 feet to the place of beginning containing 0.43 acre, more or less.
THIRD PARCEL: Beginning at an iron pipe in the southeastern corner of Lot No. 2 and running thence with the line of Lot No. 2, N. 66° 36' E. 160.0 feet to an iron pipe in the line of West Virginia Secondary Route 54/6; thence with the line of said road in a southerly direction a distance of 142 feet, more or less, to a utility pole; thence with a line in a northwesterly direction to the place of beginning.
Together with any and all right, title, and interest that the Grantors may have in and to coal, oil, gas, and other mineral within and underlying the above three parcels of real estate and not heretofore excepted, reserved or conveyed away.
FOURTH PARCEL: Beginning at a point located S. 42° 34' 00" E. from a one inch galvanized pipe found, corner to the Grantors and Grantee, thence with three lines of the Grantee (Butler), S. 42° 34' 00" E. 91.30 feet to a one inch galvanized pipe found; thence S. 30° 30' 28" E. 104.50 feet to a one inch galvanized pipe found; thence S. 75° 27' 43" E. 205.09 feet to a point on the western right of way limits of West Virginia Secondary Route 54/6; thence with one line of the same, S. 23° 54' 47" E. 12.19 feet to a 5/8 inch iron pin set; thence with four new division lines through the property of the Grantors, (now or formerly Elliotts), N. 79° 28' 23" W. 174.18 feet to a 5/8 inch iron pin set; thence N. 50° 59' 04" W. 59.42 feet to a 5/8 inch iron pin set; thence N. 34° 47' 11" W. 181.46 feet to a 5/8 inch iron pin set; thence N. 58° 23' 31" E. 3.13 feet to the place of beginning, containing 0.12 acre, and shown on a map or plat of said real estate of record in the Clerk's office in Deed Book No. 1110, at page 147.
Reference to the aforementioned maps and plats are hereby made for all pertinent purposes.
Being the same real estate conveyed unto Nicole Colton from Robert E. Butler, Jr. and Lyndsay Butler, husband and wife, by deed dated September 6, 2017, and recorded in Deed Book 1215, at Page 985 in the Office of the Clerk of Marion County, West Virginia.
There is excepted and reserved all of the Pittsburgh or nine foot vein or seam of coal within and underlying said real estate, together with mining rights and privileges belonging or appurtenant thereto, to the extent conveyed away by Newton Jones, et ux., to Lambert Run Coal Company, by deed dated December 1, 1919, and of record in the aforesaid Clerk's office in Deed Book No. 232, at page 105.
Said real estate is further expressly subject to any and all other mineral reservations or exceptions, and all other exceptions, reservations, conditions, restrictions, covenants, limitations, rights of way and easements of record under and by which the Grantor is bound in the ownership of the property herein conveyed insofar as the same are now in force and effect.
TERMS OF SALE:
1)The property will be conveyed in an "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 § 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 said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6)The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC, Substitute Trustee
BY: /s/Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.com
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