NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by that certain Deed of Trust dated July 29, 2021, executed by William Kirk Swager and Kerri A. Swager, to James C. Gardill, to secure WesBanco Bank, Inc., of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 609, at Page 750. Thomas J. Decapio was appointed as Successor Trustee by Appointment of Successor Trustee dated January 13, 2025, of record in the Clerk’s Office in Book 645 at Page 467. The borrowers defaulted under the Note and Deed of Trust and the Successor Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Successor Trustee will sell the following described real estate along with any Improvements erected thereon used or useful in the operation of the Mortgaged Premises, whether or not attached to the real estate, and all additions to and substitutions and replacements of any of the above-described types and items of property, and any proceeds of any thereof, and with respect to the Mortgaged Premises to the highest bidder at the front door of the Courthouse of Brooke County, in Wellsburg, West Virginia, on:
April 11, 2025 at 1:00 p.m.
Address: 44 Buffalo Road, Wellsburg, West Virginia 26070
Tax Map or Parcel ID No.: B27K / 0097 and B27K / 0099
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 to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and condition 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 §11-22-2.
3) The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with five percent (5%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent.
8) In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the 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.
Given under my hand this 3rd day of March, 2025.
By: /s/ Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP
529 Carolina Avenue, Chester, WV 26034
Phone: 304-387-4400
EXHIBIT A
PARCEL 1: All that certain lot or parcel of land situated in Buffalo District, Brooke County, State of West Virginia, and bounded and described as follows, to-wit: BEGINNING at a point in the center of the County Road leading from Commerce Street in the City of Wellsburg, to the Wellsburg and Bethany Pike; thence with the center of said road, S. 34 degrees 15’ E. 166.8 feet; thence S. 40 degrees 26’ E. 167.96 feet to a point in the center of said road; thence leaving said road, N. 18 degrees 33’ E. 110.97 feet to a stake corner to other lands of Joseph Daugherty, and with the same N. 69 degrees 36’ W. 42.45 feet; thence N. 53 degrees 51’ W. 246.4 feet to the beginning, containing 36/100 Acre, more or less; and being Lot No. one (1) of a certain Plan, platted and laid out by F.A. Chapman, and known as Buffalo Terrance Plan.
Subject, however, to all reservations, restrictions and exceptions contained in the Deed of Joseph Daugherty to Ross L. Churchman, et ux, to which deed reference is hereby made.
PARCEL 2: All that certain lot or parcel of land situated in Buffalo District, Brooke County, West Virginia, known and designated as Lot No. 2 (Two) of the Buffalo Terrace Plan of Lots, as shown by plat now of record in the Office of the Clerk of the County Court of Brooke County, West Virginia, in Deed Book No. 51, Page No. 157, of the records of said County, to which said plat reference is hereby made, excepting the following-described south part of Lot being bounded as follows:
Beginning at the southeast corner of said lot; thence northwardly along its east boundary line for a distance of eighty-five feet to a point in said line; thence westwardly across said lot on a line parallel with the north line of said lot for a distance of 50.06 feet to a point in the west line of said lot; thence southwardly along the west line of said lot for a distance of 57.99 feet to the southwest corner of said lot; thence along the south line of said lot to the place of beginning. This excepted portion being deeded to George Bayless and recorded in Deed Book No. 64, Page 600 in the Records of the County court of Brooke County, West Virginia.
Subject to the reservations recorded in Deed from Frank A. Chapman to William H. Bayless being date of February 14, 1922, and recorded in the records of Brooke County, West Virginia, in Deed Book 51, Page 396.
This conveyance is further made subject to all roads, highways and streets, telephone and pipe lines, now located on said property.
Being the same property conveyed to William Kirk Swager and Kerri A. Swager by deed of Judith Aracich (formerly known as Judith Aracich-Busacca) and Russell L. Aracich, dated November 18, 2017 and recorded in the Office of the County Commission of Brooke County, West Virginia, in Book 379, Page 651.
BCR 03/07 – 03/14/25