3 Bedroom Ranch Near Fairmont State University

Property Address
1249 Bell Run Road Fairmont, WV 26554

Secured Party Real Estate Auction

 

Tuesday, July 28th at 9:00AM

Registration begins at 8:30AM

AUCTION HELD AT THE Marion COUNTY COURTHOUSE

 

Property Address:

1249 Bell Run Road

Fairmont, WV 26554

 

3 Bedroom Ranch Near Fairmont State University

 

3 Bedroom, 1 Bath

1,465+/- sqft.

Built in 1954

Public water & sewage

0.16+/- Acres (as assessed)

District 3, Map 20, Parcel 22

Legal Description: LT 21 BELLAIRE ADD (PLAT 553-323)

 

All information is derived from public records and is not warranted nor guaranteed.

 

Terms and Conditions:

 

This Memorandum of Purchase and Sale (“Memorandum”) is entered into and made effective on July 28, 2026 (“Effective Date”), between and by [1] Robert Louis Shuman, in his capacity as substitute or successor trustee pursuant to the Security Instrument (as subsequently defined) (“Substitute Trustee”), and [2] the party or parties identified on the last page of this Memorandum (whether one or more, “Purchaser”).

 

For and in consideration of the amount of Ten Thousand and 00/100 Dollars ($10,000.00), completely and fully paid by Purchaser to Substitute Trustee concurrently with the execution and delivery of this Memorandum (by way of application to and credit against the indebtedness and obligations secured by the Security Instrument (“Obligations”) in the event Purchaser is the beneficiary of and secured party under the Security Instrument or an affiliated or related entity thereof (“Secured Party”)) (“Deposit”), Purchaser’s agreement to pay to Substitute Trustee the balance and remainder of the Purchase Price (as subsequently defined) (“Balance”) within forty-five (45) days of the Effective Date (by way of application to and credit against the Obligations in the event Purchaser is Secured Party), and other good and valuable consideration, the adequacy, receipt, and sufficiency of all of which are acknowledged by Substitute Trustee and Purchaser (“Parties”), intending to be legally bound by and obligated pursuant to this Memorandum, Parties agree, covenant, and stipulate as follows:

 

1.           Purpose of this Memorandum: This Memorandum is and is intended to be a memorandum made, executed, and delivered in association and conjunction with a non-judicial foreclosure as contemplated by the decisions in In re Bardell, 361 B.R. 468 (Bankr. N.D.W.Va. 2007) and In re Bardell, 374 B.R. 588 (Bankr. N.D.W.Va. 2007).

 

2.           Agreement to Purchase and Sell: Subject to the conditions, provisions, and terms contained in this Memorandum and the Notice of Sale (as subsequently defined), (a) Purchaser agrees and covenants to acquire and purchase the Property (as subsequently defined) from Substitute Trustee and (b) Substitute Trustee agrees and covenants to sell and transfer the Property to Purchaser.

 

3.           Notice of Sale: The notice of substitute or successor trustee’s sale dated June 15, 2026, published by Substitute Trustee in the course of the foreclosure of the Security Instrument (“Notice of Sale”) is incorporated and integrated into this Memorandum by reference. To the extent a conflict or inconsistency exists between the content of this Memorandum and the Notice of Sale, this Memorandum controls, dominates, governs, and prevails in all instances.

 

4.           Description of the Property: For the purposes of this Memorandum, the “Property” is defined as and means the lot or parcel of land, including and together with the buildings, fixtures, improvements, and structures thereon, if any, and the appurtenances thereto, located and situate in The City of Fairmont, Fairmont District, Marion County, West Virginia described as follows:

 

That certain lot or parcel of real estate situate in the Bellaire Addition to The City of Fairmont, Fairmont District, Marion County, West Virginia, a map or plat of which is of record in the Clerk’s Office in Deed Book 553 at Page 323, described as follows: Lot Number Twenty-one (21) of Bellaire Addition, beginning at a point in the southern line of Bellaire Street, common corner of Lots 20 and 21, and running thence with the division line between said lots, S. 40º 19’ 10” W. 115 feet to a point; thence S. 49º 40’ 50” E. 61 feet to a point, another common corner of Lots 20 and 21; thence N. 40º 19’ 10” E. 115 feet to Bellaire Street; and thence with the southern line of Bellaire Street, N. 49º 40’ 50” W. 61 feet to the place of beginning.

 

5.           Description of the Security Instrument: For the purposes of this Memorandum, the “Security Instrument” is defined as and means the credit line deed of trust dated August 14, 2012, made by Mary Beth Ware Attley, formerly known as Mary Beth Ware (“Grantor”), as grantor, for the benefit of and to secure WesBanco Bank, Inc., of record in the Office of the Clerk of the County Commission of Marion County, West Virginia (“Clerk’s Office”) in Trust Deed Book 1035 at Page 404.

 

6.           Deposit and Purchaser’s Premium:

 

6.1.        Except (a) as otherwise contained in this Memorandum and (b) in the event Purchaser is Secured Party, the Deposit is non-refundable and non-returnable to Purchaser.

 

6.2.        In addition to the Deposit, on the Effective Date, Purchaser has also paid and remitted to Substitute Trustee or the auctioneer engaged by Secured Party to further advertise and market the public auction and offer for sale of the Property (“Auctioneer”), in cash or non-certified funds, a premium equal to ten percent (10%) of the Purchase Price (“Purchaser’s Premium”). The Purchaser’s Premium will not be applied to or credited against the Purchase Price and is being paid to Auctioneer by Purchaser as Auctioneer’s commission or compensation for further advertising and marketing the public auction and offer for sale of the Property (“Foreclosure Auction”) in addition to and atop of the Purchase Price.

 

7.           Payment of the Purchase Price: The aggregate purchase price to be paid by Purchaser to Substitute Trustee pursuant to this Memorandum is ____________________________________________________ and 00/100 Dollars ($_______________.00) (“Purchase Price”). The Purchase Price is due and payable by Purchaser to Substitute Trustee, in certified funds or by way of application to and credit against the Obligations in the event Purchaser is Secured Party, in full, after applying and crediting the Deposit, but not the Purchaser’s Premium, to the Purchase Price, within forty-five (45) days of the Effective Date.

 

8.           Time: Except in the event Purchaser is Secured Party, without exception or exclusion, time is of the essence with respect to each and every facet of this Memorandum.

 

9.           Inability of Substitute Trustee to Perform: In the event Substitute Trustee is unable to convey or transfer the Property to Purchaser for any reason whatsoever, Purchaser’s exclusive and sole remedy, at law and in equity, will be the refund of the Deposit and the Purchaser’s Premium, without the accrual of interest, and Purchaser will be deemed to have absolutely and irrevocably discharged, released, and waived all other remedies and rights against Substitute Trustee and Secured Party.

 

10.         Default by Purchaser: In the event Purchaser fails, neglects, or refuses to pay and remit the Balance to Substitute Trustee in certified funds within forty-five (45) days of the Effective Date, then in addition to any other equitable or legal remedies available to Substitute Trustee, Substitute Trustee has the authority and right, but not the obligation, to declare this Memorandum and Purchaser’s right to purchase the Property as canceled and terminated and the Deposit and the Purchaser’s Premium irrevocably forfeited by Purchaser, in which event, Purchaser will have no claim to or demand on the Deposit or the Purchaser’s Premium, the Deposit will be the property of Substitute Trustee to apply, distribute, or use as Substitute Trustee elects for the benefit of Secured Party, the Purchaser’s Premium will be the property of Auctioneer as commission or compensation, and Substitute Trustee will have no further obligations to Purchaser pursuant to this Memorandum. In addition, Substitute Trustee has the further authority and right, but not the obligation, in Substitute Trustee’s sole discretion, to (a) retroactively accept the next best and highest bid for the Property at the Foreclosure Auction or (b) resell the Property, and apply, credit, or utilize the Deposit to pay and satisfy the charges, costs, expenses, and fees associated with or attendant to the resell of the Property. In the event of such a failure, neglect, or refusal by Purchaser, Purchaser will be liable and obligated for the payment of any deficiency in the purchase price resulting from the acceptance of the next best and highest bid for the Property at the Foreclosure Auction or the resell of the Property, all charges, costs, expenses, and fees of both the initial Foreclosure Auction and any resell of the Property, all charges, costs, expenses, and fees, including, without limitation, reasonable charges, costs, expenses, and fees of legal counsel, of Substitute Trustee and Secured Party, and all compensatory, consequential, and incidental damages incurred, suffered, or sustained by Substitute Trustee and Secured Party. In the event the resell of the Property results in a purchase price in excess of the Purchase Price, Purchaser will be deemed to have irrevocably and unconditionally released, relinquished, and waived all claims and rights to any such excess amount and will not be entitled to any distribution whatsoever from the proceeds resulting from the resell of the Property.

 

11.         Disclaimer and Negation of Warranties: The Property has been publicly auctioned and offered for sale and will be conveyed, granted, and transferred by Substitute Trustee to Purchaser without affirmation, recourse, representation, or warranty, express, implied, or otherwise, of any character, description, kind, manner, or nature, “as is” and with all adverse conditions, defects, and faults, and with no assurances, covenants, or warranties as to title, including, without limitation, without affirmations, representations, or warranties concerning, involving, or relating to (a) the absence or existence of any adverse condition or defect, (b) the absence or existence of any parties in possession of the Property, (c) the compliance of the Property with any applicable conditions, covenants, limitations, restrictions, or servitudes, (d) the compliance of the Property with any applicable land use, legal, or zoning requirements, (e) the condition, design, or fitness of the Property for any intended or particular purposes or uses, (f) the quality of the Property, (g) the quiet enjoyment of the Property, (h) title to the Property, or (i) the value of the Property, with the intent on the part of Substitute Trustee to disclaim and negate all affirmations, representations, and warranties.

 

12.         Deed: On the fulfillment and satisfaction of all conditions to be performed by Purchaser pursuant to this Memorandum, including, without limitation, the complete and full payment and remittance of the Balance to Substitute Trustee by Purchaser within forty-five (45) days of the Effective Date, Substitute Trustee shall convey, grant, and transfer the Property to Purchaser and Purchaser shall accept and acquire the Property from Substitute Trustee by a deed containing no assurances, covenants, or warranties of title, burdened and encumbered by and subject to (a) all effective and enforceable agreements, assessments, charges, conditions, covenants, easements, exceptions, leases, liens, limitations, mineral severances, reservations, restrictions, rights of way, servitudes, and other burdens and encumbrances as have been created with respect to or imposed on the Property of record by Grantor or Grantor’s predecessors in title prior to the recording of the Security Instrument in the Clerk’s Office, except to the extent any of the same have been canceled, released, or terminated or subordinated in priority to the Security Instrument, (b) all leases and other encumbrances as have been created with respect to or imposed on the Property by Grantor subsequent to the recording of the Security Instrument in the Clerk’s Office which are the subject of non-disturbance or similar agreements to which Secured Party is a party, (c) all matters which a visual inspection of the Property might reveal, (d) any state of facts which could be ascertained by making an inquiry of parties in possession of the Property, if any, (e) any conflicts in boundary lines, deficiencies, discrepancies, encroachments, shortage in area, or other matters or state of facts which an accurate survey of the Property might reveal, (f) the rights of parties in possession of the Property, if any, and (g) the statutory lien(s) securing real property taxes assessed against or levied on the Property, including and together with interest, penalties, and redemption charges or fees associated therewith, if any.

 

13.         Charges Against the Property: All amounts, assessments, charges, costs, expenses, liens, or taxes burdening or encumbering the Property or owed against the Property and not extinguished by the foreclosure of the Security Instrument will be the obligation and responsibility of Purchaser to discharge, pay, or satisfy.

 

14.         Closing and Settlement Costs: All closing and settlement charges, costs, expenses, and fees associated with or connected to the sale and transfer of the Property, including, without limitation, all real property taxes due and payable in relation to the Property, including and together with all interest, penalties, and redemption charges or fees associated therewith, if any, all excise | transfer taxes imposed on the conveyance or transfer of the Property, all charges, costs, expenses, and fees of recording agreements, deeds, documents, or instruments, all charges, costs, expenses, and fees of title examination and title insurance, all other due diligence or feasibility charges, costs, expenses, and fees, and all charges, costs, expenses, and fees of obtaining financing, will be the sole burden and obligation of Purchaser.

 

15.         Possession: Except in the event Purchaser is Secured Party, Purchaser has no authority or right to enter into possession of the Property until such time as (a) Purchaser pays and remits the Balance to Substitute Trustee and (b) Substitute Trustee delivers to Purchaser the above-referenced deed. Following delivery of such deed, it will be Purchaser’s obligation and responsibility to obtain possession of the Property and Substitute Trustee will not be bound or obligated to remove any party or parties in possession of the Property, if any.

 

16.         No Obligation to Effect Repairs: Substitute Trustee will not be bound or obligated to make any alterations, amendments, changes, modifications, renovations, or repairs of or to or to add any improvements to the Property.

 

17.         Risk of Loss: The risk of damage or loss to the Property by fire or other casualty will not be with Substitute Trustee and will be with Purchaser as of and from the Effective Date.

 

18.         Jurisdiction and Venue: Regardless of the location of the Property or the jurisdiction in which the Security Instrument is of record, Purchaser irrevocably and unconditionally agrees and consents to the exclusive jurisdiction of and to exclusive venue in the Circuit Court of Monongalia County, West Virginia concerning, for, in relation to, or with respect to all matters concerning or involving the Foreclosure Auction and this Memorandum, without the authority or right to remove any action, case, or other proceeding involving such subject matter to federal court.

 

19.         Modification: This Memorandum may not be altered, amended, changed, enlarged, modified, restated, or supplemented in any character, manner, nature, or way, whether by acquiescence, course of conduct, performance, or otherwise, except by a written instrument executed by Parties.

 

20.         Assignment: Parties have the right to assign and transfer their respective rights pursuant to this Memorandum, in part or in whole; provided, however, that no such assignment or transfer will release or relieve either of Parties from their obligations pursuant to this Memorandum.

 

21.         Binding Effect: A reference to a party in this Memorandum will be deemed to include the assignees, devisees, heirs, personal representatives, and successors of such party (“Successors”).

 

22.         Third-Party Beneficiaries: This Memorandum is for the exclusive and sole benefit of Parties and their respective Successors, and no parties other than Parties and their respective Successors will, under any circumstances, be deemed to be a beneficiary of this Memorandum.

 

23.         Entire Agreement: This Memorandum comprises, constitutes, and contains the entire agreement between and of Parties relating to the purchase and sale of the Property, canceling, negating, superseding, and terminating all prior verbal or written agreements, if any, between them with respect to the purchase and sale of the Property, and is and will be deemed to be a complete and final expression and integration of their agreement.

 

24.         Gender: Words employed or used in this Memorandum, regardless of the gender specifically employed or used, will be construed, deemed, and interpreted to include any other gender, feminine, masculine, or neuter, as the context requires.

 

25.         Number: Words employed or used in this Memorandum, regardless of the number specifically employed or used, will be construed, deemed, and interpreted to include any other number, plural or singular, as the context requires.

 

26.         Headings: The headings and titles contained in this Memorandum are inserted only as a matter of convenience and for reference purposes only and do not in any character, manner, nature, or way define, extend, limit, or prescribe the intent or scope of any provision of this Memorandum.

 

27.         Rules of Construction: Rules of construction requiring that ambiguities are to be resolved against a particular party will not be applicable in the construction or interpretation of this Memorandum.

 

28.         Days: All references in this Memorandum to “days” means calendar days unless otherwise expressly and specifically indicated. Whenever pursuant to this Memorandum the time for performance of a condition or covenant occurs on a Saturday, a Sunday, or a legal holiday, such time for performance will be extended to the next business day.

 

29.         Governing Law: The laws of the State of West Virginia, without resort to its conflicts of laws principles or rules, control and govern the construction, efficacy, interpretation, and validity of this Memorandum.

 

30.         Absence of Warranties and Representations: There have been no affirmations, guarantees, inducements, promises, representations, understandings, or warranties made by any party in relation to the subject matter of this Memorandum other than those expressly contained in this Memorandum.

 

31.         Waiver: No consent or waiver, expressed or implied, by Substitute Trustee of any breach or default by Purchaser in the performance by Purchaser of any of Purchaser’s obligations pursuant to this Memorandum will be construed or deemed to be a consent or waiver to any other breach or default in the performance by Purchaser of the same or any other obligation of Purchaser pursuant to this Memorandum. Failure on the part of Substitute Trustee to complain of any act or failure to act of Purchaser or to declare Purchaser in breach or default, irrespective of how long such breach or default continues, will not constitute a waiver by Substitute Trustee of Substitute Trustee’s rights pursuant to this Memorandum.

 

32.         Severability: In the event any one or more of the provisions contained in this Memorandum, or the application thereof, in any circumstance, is held illegal, invalid, or unenforceable in any respect, the enforceability, legality, or validity of such provision or provisions in any other circumstance will not be affected or impaired thereby, and the remaining provisions contained in this Memorandum will remain of full effect and force and be construed and interpreted as if such illegal, invalid, or unenforceable provision or provisions were never included. The provisions of this Memorandum are severable.

 

33.         Counterpart Execution: This Memorandum may be executed in two (2) or more counterparts, all of which counterparts will be deemed to be an original and one (1) and the same instrument. Counterpart signature pages may be detached from the various counterparts and attached to make one (1) original version of this Memorandum.

 

34.         Electronic Execution and Delivery: This Memorandum may be electronically executed or signed and any electronic signatures appearing on this Memorandum will be considered and deemed the same as handwritten signatures for all purposes, including, without limitation, the purposes of admissibility, enforceability, and validity. This Memorandum may be delivered or transmitted by facsimile signature pages, including, without limitation, by .pdf signature pages, each of which will be conclusively deemed an original for all purposes, including, without limitation, the purposes of admissibility, enforceability, and validity.

 

35.         Joint and Several Obligations: In the event Purchaser is comprised or constituted of more than one (1) party, all obligations of Purchaser pursuant to this Memorandum are the joint and several obligations of all such parties.

JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE

(888) 875-1599

5546 Benedum Drive Shinnston West Virginia 26431

www.joerpyleauctions.com

 

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