NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Carl D. Hoard aka C. Don Hoard
66 Apple Pie Ridge
West Liberty, WV 26074
Notice is hereby given that the undersigned Substitute Trustee, appointed by document dated October 28, 2016, and of record in the Office of the Clerk of the Ohio County Commission in Deed of Trust Book 1534, at page 170, will sell at public auction to the highest bidder on:
Wednesday, November 30, 2016, at 10:15 a.m.,
at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Carl D. Hoard and Paulette K. Hoard, his wife, to James C. Gardill, Trustee, by Deed of Trust dated January 31, 1991, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 941, at page 134, and being described as follows:
The following tract of land situate on the northeasterly side of Apple Pie Ridge Road, Town of West Liberty, Liberty District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a post in the westerly line of lands now or formerly owned by Art Bell, said beginning post being a corner to the 5 and 35/1000 acre tract of land that was conveyed by Dale Hill and Betty J. Hill, his wife, to James R. Pettit and Mary V. Pettit, his wife, by deed dated October 10, 1964, and recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 459, at page 126; thence from said beginning post and with said Bell, the following two (2) bearings and distances: S. 18* 43′ 33″ W. 598 and 39/100 feet to a point; thence S. 10* 03′ E. 273 and 54/100 feet to a post; thence leaving Bell and with the northerly line of the 378/1000 acre parcel of land that was conveyed to John Richard Seevers and Dolly Mae Seevers, his wife, by deed dated March 14, 1959, and recorded in said County Clerk’s Office in Deed Book 407, at page 163, S. 73* 56 ‘ W. 152 feet to a post at the most westerly corner of the 388/1000 acre parcel of land that was conveyed to Phillip Todd by deed dated June 3, 1963, and recorded in said County Clerk’s Office in Deed Book 445, at page 358; thence with the westerly line of same S. 17* 39′ E. (at 199 and 39/100 feet passing the centerline of the Apple Pie Ridge Road) 230 and 29/100 feet to a pipe in the northerly line of Mounts Alley; thence with same S. 82* 49′ W. 128 and 98/100 feet to an iron stake at the southeasterly corner of the 319/1000 acre parcel of land now or formerly owned by Harold C. Dawson and Hilda M. Dawson, his wife; thence with the easterly line of same N. 12* 27′ W. 55 and 39/100 feet to a point in the centerline of said Apple Pie Ridge Road; thence with same the following six (6) bearings and distances: N. 85* 03′ 20″ W. 12 and 19/100 feet to a point; thence N. 78* 46′ 30″ W. 43 and 86/100 feet to a point; thence N. 68* 07′ 50″ W. 43 and 76/100 feet to a point; thence N. 56* 41′ 40″ W. 44 and 32/100 feet to a point; thence N. 50* 09′ 50″ W. 59 and 45/100 feet to a point; thence N. 40* 40′ 10″ W. 48 and 71/100 feet to a point at the most southerly corner of the 3 and 79/100 acre tract of land remaining to the party of the first part hereto; thence with same the following three (3) bearings and distances: N. 42* 30′ E. (at 14 and 2/10 feet passing an iron pin) 261 and 56/100 feet to an iron pin; thence N. 36* 13′ W. 108 and 54/100 feet to a post; thence N. 16* 35′ W. 401 and 38/100 feet to a post in a line of the aforesaid 5 and 35/1000 acre tract; thence with same the following four (4) bearings and distances: N. 60* 40′ E. 215 and 21/100 feet to a 29-inch Locust Tree; thence N. 84* 54′ E. 221 and 63/100 feet to a post; thence N. 24* 40′ E. 170 and 18/100 feet to a post; thence S. 83* 34’ E. 93 and 91/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, seven and two hundred fifty-seven one thousandths (7 and 257/1000) acres, more or less.
Said 7 and 257/1000 acre tract being subject to that part of the right of way for the said Apple Pie Ridge Road that is included within the boundary lines of the said 7 and 257/1000 acre tract.
Said 7 and 257/1000 acre tract being subject to any and all conditions, exceptions, reservations, stipulations, rights of way, etc. as may be contained in former deeds.
Being the same property conveyed to Carl D. Hoard, as follows: undivided 1/2 interest from William Donald Sommerville and Evelyn A. Sommerville, his wife, by deed dated January 31, 1991 and recorded in Ohio County Deed Book 658, at page 650; and an undivided 1/2 interest from Paulette K. Hoard, by deed dated November 9, 2000 and recorded in Ohio County Deed Book 723, at page 794.
PROPERTY ADDRESS: Box 66 Apple Pie Ridge, West Liberty, WV 26074
Tax District: 09, Tax Map: WL1, Parcel 12.1
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 way, easements, conditions, covenants, restrictions, leases and other servitudes 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 Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property; (5) the Substitute 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 Substitute 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 Substitute 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 9th day of November, 2016.
/s/ JAMES C. GARDILL, Substitute Trustee
CONTACT
INFORMATION:
Andrew R. Thalman, Esquire, Counsel for Trustee
PHILLIPS, GARDILL, KAISER &
ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. Nov. 16, 23, 2016
235924