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 July 26, 2000, executed by the Borrowers, Carl H. O’Brinar and Marjorie L. O’Brinar, to Brent S. Knight, the Trustee, of record in the Office of the Clerk of the County Commission of Brooke County, West Virginia, in Book 355, at Page 57. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 111 View Drive, Wellsburg, WV 26070. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated March 19, 2019, of record in the Clerk’s Office in Book 581, at Page 657. The Borrowers 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, together with the improvements thereon and the appurtenances thereunto belonging, to the highest bidder at the front door of the Courthouse of Brooke County, in Wellsburg, West Virginia, on the following date:
July 29, 2026, at 9:30 a.m.
ALL THAT CERTAIN LOT OR PARCEL OF LAND, SITUATE IN BUFFALO DISTRICT, BROOKE COUNTY, WEST VIRGINIA, KNOWN AND DESIGNATED AS LOT NO. 26 OF THE THIRD ADDITION PLAN OF LOTS OF F. E. CHAPMAN FARM, CONTAINING 0.75 ACRE, MORE OR LESS, SUBJECT; HOWEVER, TO THE FOLLOWING RESTRICTIONS AND RESERVATIONS AS FULLY SET FORTH IN SAID PLAN OF LOTS, RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF BROOKE COUNTY, WEST VIRGINIA, IN MAP BOOK NO. 1 PAGE NO. 39.
(A) THE OWNERS OF THIS SAID PROPERTY MAKE DEDICATION OF THE ROADS AND DRIVEWAYS SHOWN AND SET FORTH IN SAID PLAN FOR THE USE OF THE OWNERS OF SAID LOTS IN SAID PLAN, AS WELL AS FOR THE OWNERS OF THE LOTS IN PLANS HERETOFORE MADE OR THAT MAY BE HEREAFTER MADE ON THE CHAPMAN FARM. HOWEVER, ANY MAINTENANCE OF THE ROADS OR DRIVEWAYS ON SAID PLAN ARE TO BE CARED FOR BY THE RESPECTIVE LOT OWNERS.
(B) THE OWNERS OF SAID PLAN, THEIR HEIRS OR ASSIGNS, RESERVE THE RIGHT TO GRANT ANY AND ALL FRANCHISES FOR ANY PURPOSE WHATSOEVER OVER SAID ROADS AND DRIVEWAYS.
(C) NO RESIDENCE BUILDING SHALL BE ERECTED OR CONSTRUCTED UPON ANY OF SAID LOTS THAT SHALL COST LESS THAN THE SUM OF $6,000.00.
(D) ALL OUTSIDE TOILETS OR SEPTIC TANKS OR OTHER MATTERS OF SANITATION SHALL BE IN STRICT ACCORD WITH THE REQUIREMENTS OF THE STATE BOARD OF HEALTH.
(E) THE OWNERS OF SAID TRACT OF LAND MAKE DEDICATION TO THE OWNERS OF ANY LOTS OR TRACTS OF LAND IN ANY OF THE CHAPMAN ADDITIONS THAT HAVE BEEN OR ARE NOW OR MAY HEREAFTER BE FORMED OR CREATED, A CERTAIN LOT SITUATE IN THIS SAID PLAN OF LOTS FORMERLY USED AS CEMETERY AND CLEARLY SET OUT AND MARKED IN SAID PLAN OF LOTS, FOR SUCH LAWFUL USES AND PURPOSES AS THE STATUTES OR LEGAL RIGHTS THEREIN MAY BE PERMITTED FOR THE USE OF THE SAME. HOWEVER, THE SAID OWNERS ASSUME NO OBLIGATION TO MAINTAIN, PRESERVE, CARE FOR OR IMPROVE THE SAME.
(F) ALL THE COAL, TOGETHER WITH THE MINING RIGHTS AND PRIVILEGES PERTAINING THERETO, HERETOFORE SOLD UNDER THIS LAND, IS HEREBY RESERVED.
THIS CONVEYANCE IS MADE SUBJECT TO ANY AND ALL CONDITIONS, RESTRICTIONS, RESERVATIONS, AND EXCEPTIONS MADE AND PROPERLY OF RECORD RELATIVE TO SAID PROPERTY.
Being the same property conveyed to Carl H. OBrinar and Marjorie L. OBrinar by the Deed dated September 28, 1974 and recorded in Deed Book 200, at Page 147, in the Office of the Clerk of the County Commission of Brooke County, West Virginia.
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: Jonathan L. Wertman, Esq.
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
[email protected]
BCR 07/10 – 07/17 – 07/24/26