Ohio

Public Notice

NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE

TO: Estate of Gladys Moore and any unknown heirs. 8421 National Road
Wheeling, WV 26003

Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:

Tuesday, November 22, 2016, at 10:00 a.m.,

at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Gladys E. Moore, to James C. Gardill, Trustee, by Credit Line Deed of Trust dated November 14, 2013, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1473, at page 638, and being described as follows:

Lots numbered 22, 22A, 23, 23A, and 24, in the Plat of Stewart Terrace said Plat being of record in the office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book 2, at page 93.

There is excepted from all of the tracts hereby conveyed all of the coal underlying same, together with such mining rights and privileges that have heretofore been conveyed or excepted.

There is also hereby granted to the parties of the second part, their successors and assigns, that right heretofore granted to the parties of the first part and shown in Deed Book 586, at page 358, namely the right to use Lots 20 and 21, as shown on the Plat of Stewart Terrace aforesaid, for purposes of constructing and installing drain fields to service the Lots herein conveyed, together with the right to go upon said Lots 20 and 21 for the purpose of maintaining, repairing, replacing, or renewing said drain fields. Provided, that if and when public sewage systems are available to provide sewage service to the properties herein conveyed, then the right to use said Lots 20 and 21 as herein granted, shall terminate and be rendered null and void.

Being the same property conveyed as follows:

a. to Rosalie M. Earnest, unmarried, and Mildred G. Earnest, widow, by Harold E. Vanness and Dorothy M. Vanness, his wife, by deed dated January 13, 1993 and recorded in Ohio County Deed Book 670, at page 788;
b. to Douglas McKay by Rosalie M. Earnest, ummarried and Mildred G. Earnest, widowed, by straw deed dated April 2, 2002, and recorded in Ohio County Deed Book 733, at page 302;
c. to Mildred G. Earnest, Rosalie M. Earnest, Gladys E. Moore and Donna L. Forester, as joint tenants with right of survivorship, by Douglas McKay, by straw deed dated April 2, 2002, and recorded in Ohio County Deed Book 733, at page 304;
d. Mildred G. Earnest died August 10, 2006 and by the survivorship provision of said deed, title vested in Rosalie M. Earnest, Gladys E. Moore and Donna L. Forester;
e. a one-third interest to Rosalie M. Earnest and Gladys E. Moore, by Donna L. Forester, by survivorship deed dated March 26, 2009, and recorded in Ohio County Deed Book 794, at page 363;
f. the said Rosalie M. Earnest died March 22, 2011, and by the survivorship provision of said deed, title vested in Gladys E. Moore; and
g. the said Gladys E. Moore died August 1, 2016. There are no estate records in Ohio County, and her heirs, if any, are unknown.

Tax District: 8;
Tax Map: VG9;
Parcel: 59.1.

Property Address: 8421 National Road, Wheeling, WV.

The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.

Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.

Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).

Given under my hand this 25th day of October, 2016.

/s/James C. Gardill, Trustee

For information regarding sale, contact:

Andrew R. Thalman, Esquire, Counsel
for Trustee
PHILLIPS, GARDILL, KAISER &
ALTMEYER, PLLC
61 14th Street, Wheeling, WV 26003
Phone: 304-232-6810
Int. Nov. 8, 15, 2016

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