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 August 26, 2005, executed by Borrower(s), Daniel E Kemp, to Tommy J. Dixon, the Trustee of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 441, at Page 795. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 324 Rock Dale Road, Follansbee, WV 26037. Pill & Pill, PLLC were appointed as Substitute Trustees by APPOINTMENT OF SUCCESSOR TRUSTEE dated September 10, 2025, of record in the Clerk’s Office in Book 652, Page 137. 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:
December 10, 2025, at 10:02 a.m.
A certain parcel of land situate in Cross Creek District, Brooke County, West Virginia, bounded and described as follows: Beginning at a point in the center line of the County Road that leads from Hooverson Heights to Cross Creek in said Brooke County, which point is 34° 00east 34.2 feet from the common corner of former lands of Calvin C. Dunn, et ux and lands of Tom Meek Estate; then with said center line south 34° 00 east 125.00 feet to a point and true place of beginning of parcel to be conveyed; then continuing along said road south 34° 00east 50.00 feet to a point; thence south 55° 45 west 115.00 feet to a point; thence north 34° 00west 50.00 feet to a point; thence north 55° 43 east 115.00 feet to a point and place of beginning, and containing 0.13 acre of land, more or less. This conveyance is made subject to all the exceptions, reservations, restrictions and conditions in all the conveyances by, through and under which the said grantor herein derives and claims title. BEING the same property conveyed to Joseph D. Shawver, by Deed of Gertrude R. Mumper, Executrix of the Estate of Grace M. Rogerson, dated November 15, 1993, and of record in the office of the Clerk of the County Commission of Brooke County, West Virginia, in Deed Book 264, at Page 729. The said Joseph D. Shawver died October 30, 2000, and by the terms and provisions of his Last Will and Testament recorded in said Clerk`s office in Will Book 47, at Page 324, he devised his interest in subject property to Alicia Shawver, his wife.
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 11/21 – 11/28 – 12/05/25