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 March 9, 2018, executed by Borrower(s), Kerri Swager and William Kirk Swager, to James C. Gardill, the Trustee of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 571, at Page 205. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 44 Buffalo Rd, Wellsburg, WV 26070. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 21, 2025, of record in the Clerk’s Office in Book 647, Page 429. The borrower(s) defaulted under the Note and Deed of Trust and the Substitute Trustees have been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustees will sell the following described property to the highest bidder at the front door of the Courthouse of Brooke County, in Wellsburg, West Virginia, on the following date:
9th day of July, 2025 at 09:45 a.m.
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 15E. 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 33E. 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 Buffalo Terrace Plan. Subject, however, to all reservations, restrictions, and exceptions contained in the Deed of Joseph Daughtery 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 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 (85) 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 bearing date of February 14, 1922, and recorded in the records of Brooke County, West Virginia, in Deed Book 51, Page 396.
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: Richard A. Pill
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
BCR 06/20 – 06/27 – 07/04/25