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 February 14 th , 2025, executed by Ethan J. Recktenwald to J. Christoper 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 645, at Page 740. Thomas J. Decapio was appointed as Successor Trustee by Appointment of Successor Trustee dated March 12, 2026, of record in the Clerk’s Office in Book 655 at Page 414. 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:
July 16th, 2026 at 12:00pm, NOON.
Address: 2879 St. Johns Road, Colliers, West Virginia 26035
Tax Map or Parcel ID No.: C11S/0021
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. A ten percent (10%) buyer’s premium will apply to the final bid price.
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.
9) Pursuant to the Financial Crimes Enforcement Network’s Residential Real Estate Reporting Rule (31 C.F.R. Part 1031), effective March 1, 2026, certain non-judicial foreclosure sales involving purchasers that are legal entities or trusts and that include cash consideration may be subject to federal reporting requirements. Any successful bidder that is a legal entity or trust and paying cash shall be required, as a condition of sale, to retain a licensed West Virginia attorney to conduct the closing, who shall be designated in writing as the Reporting Person responsible for all required FinCEN filings and record retention. Trustee shall not act as the Reporting Person and shall have no responsibility for compliance with FinCEN reporting requirements.
Given under my hand this 2 ND day of June, 2026.
By: Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon,
Decapio & Pearl, LLP
529 Carolina Avenue
Chester, WV 26034
Phone: 304-387-4400
EXHIBIT A
All that certain parcel of land situate in the District of Cross Creek, County of Brooke and State of West Virginia, and bounded and described as follows:
Beginning at a point located at a post on the westerly side of St. Johns Road which post is on Line common to lands now or formerly Kafton and Strain, thence with said St. Johns Road, North 42 degrees 41’ East 200.0 feet to a point, thence leaving road and through lands of Strain North 63 degrees 34’ West 283.52 feet to a point on a farm line, thence with said farm line South 0 degrees 34’ West 214.00 feet to a point and corner to Kafton and Strain, thence with said Kafton and Strain line 63 degrees 34’ East 133.00 feet to the point and place of beginning and containing 0.921 acres of land be it more or less, subject however to all legal highways.
This conveyance is further made subject to all roads, highways and streets, telephone and pipelines, now located on said property.
Being the same property conveyed to Ethan Recktenwald by deed of Kody Green, dated February 14 th , 2025 and recorded in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 442, Page 587.
BCR 06/19 – 06/26/26
