NOTICE OF TRUSTEE'S SALE

Notice is hereby given that default has occurred in the payment of that certain indebtedness secured by a Deed of Trust executed July 3, 2019, of record in the Office of the Clerk of the County Commission of Harrison County, West Virginia, in Trust Deed Book 1403, at page 563 (the "Deed of Trust"), made by Curtis Jennings Osborne and Kacey Rochelle Osborne ("Grantors") to Karen Yokum, in her capacity as Trustee (the "Original Trustee"), predecessors in interest to Ian G. Henry and Andrew M. Cranston (the "Substitute Trustees" or "Trustees"), in favor of First Exchange Bank, (the "Beneficiary"), to secure the payment of a note in the amount of $72,000.00. The Deed of Trust authorizes the Trustees to act in the enforcement of said Deed of Trust, and the undersigned Trustees having received such written request from the Beneficiary to enforce said Deed of Trust, will sell at a public auction to the highest bidder, the following hereinafter described real estate, together with any buildings, structures and other improvements located thereon (the "Real Estate") on: June 22, 2026, AT 10:00 A.M., ON THE FRONT STEPS OF THE HARRISON COUNTY COURTHOUSE, CLARKSBURG, WEST VIRGINIA.

REAL ESTATE DESCRIPTION:

All that certain tract or parcel of real estate, together with all buildings and improvements thereon and appurtenances thereunto belonging, situate in Clay-Outside District, Harrison County, West Virginia, lying near the waters of Hornors Run and on the east side of County Route 12/2 (Hornors Run Road), being more particularly bounded and described as follows:

Beginning at a 1/2" iron rebar (found), being corner to Lana K. Sandy (1377/905) and in the eastern right of way line of Hornors Run Road, thence with Lana K. Sandy (1377/905), for one line S. 46° 30' 55" E. 180.65 feet to a 5/8" rebar/cap (set), thence with a new division line for 3 lines S. 43° 54' 37" W. 78.26 feet to a 5/8" rebar/cap (set), thence N. 48° 19' 08" W. 42.33 feet to a 5/8" rebar/cap (set), thence S. 42° 49' 41" W. 11.58 feet to a 5/8" rebar/cap (set), in the line of Paul or Laray J. Osborne (1280/717), thence with original outline for 2 lines N. 45° 20' 48" W. 138.58 feet to a R/R Spike (set), being corner to Paul or Laray J. Osborne (1280/717) and in the eastern right of way line of Hornors Run Road; and thence with said right of way line N. 43° 54' 36" E. 88.34 feet to the point of beginning, containing 0.361 acres, more or less, as surveyed by Mark E. Wiersbicki, licensed surveyor of PVE Sheffler and shown on a map titled "Plat of Survey for Paul or Laray J. Osborne" showing a 0.361 acre tract, dated September 1, 2016, and of record in the office of the Clerk of the County Commission of Harrison County, West Virginia, in Deed Book 1585, at Page 373, reference to said plat and description contained thereon being hereby made for all pertinent purposes.

TERMS OF SALE:

Sale of the Real Estate will be made by the Trustee by public auction to the highest bidder.

The Trustee reserves the right to reject any bid that in the Trustee's opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustee reserves the right to accept or reject such other terms as to payment or delivery of payment as may be made or agreed to by the Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.

The Trustee also reserves the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Marion County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address: Trustee, Andrew M. Cranston, Esquire, at Dinsmore & Shohl LLP, 215 Don Knotts Blvd, Suite 310, Morgantown, West Virginia 26501 (304) 225-1438. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. Beneficiary or Beneficiary's designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.

Conveyance will be made by Trustee's Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in "AS IS" condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate.

Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.

All announcements made on the day of the sale take precedence over any and all previous advertising or printed material.

No financing or other contingencies. Any required inspections must be completed prior to bidding. All information contained herein derived from sources deemed reliable but not warranted. Sold as is, no warranties written or implied. 10% buyer’s premium will be added to determine the final contract price.        

Property lines on our maps are approximate. Not a survey.

DISCLOSURE: Kaufman Realty & Auctions of WV is acting as Auctioneer/agent and is an agent for the seller only.        

DISCLAIMER: Information contained herein is believed to be correct to the best of auctioneer/agent’s knowledge but is subject to inspection and verification by all parties relying on it. Sellers, their representatives and auctioneer/agent shall not be liable for inaccuracies, errors, or omissions.        

All acreage, square footage and other dimensions are approximate.