NOTICE
To: GreenHunter
Wheeling Barge LLC
1048 Texan Trail
Grapevine, TX 76051
GreenHunter Wheeling Barge LLC
Route 1 Box 1
North 28th Street
Wheeling, WV 26003
TRUSTEE’S NOTICE
OF SALE
By virtue of that certain Real Estate Deed of Trust made by GreenHunter Wheeling Barge LLC to John E. Gompers, Trustee, dated March 13, 2013, and of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book No. 1456, at page 370, the undersigned will sell at public auction, subject to unpaid real estate taxes due thereon, if any, and subject to the terms and conditions set forth in said Real Estate Deed of Trust, on the 20th day of December, 2016, at 10:00 o’clock A.M., at the northwest front door of the Court House of Ohio County, Wheeling, West Virginia, the following described property (“Property”) situate in the City of Wheeling, Ohio County, West Virginia, and being more particularly described as follows:
The following described property situate in the City of Wheeling, Richland District, (now Wheeling District), Ohio County, West Virginia, that is to say:
Beginning at a stake located in the intersection of the easterly right of way line of the P. W. and K. Railroad right of way, being 60 feet wide with the northerly line of a 40 foot reserved strip as shown on a map made by C. C. Smith’s Sons Engineers, Inc., titled “Property acquired by Esso Standard Oil Company, Richland District, at Wheeling, West Virginia,” said stake also being located at the southwesterly corner of the tract of land hereby conveyed, and thence running with the easterly right of way line of said P. W. & K. Railroad N. 4* 41′ E. 400.00 feet to a stake; thence leaving said right of way line and running S. 86* 25′ 50″ E. 250.00 feet to a stake; thence S. 12* 01′ E. 60.70 feet to a stake; thence S. 4* 41′ W. 262.31 feet to a stake; thence with a curve to the left, the chord of which bears S. 3* 40′ 10″ E. 46.80 feet to a stake in the northerly line of said 40 foot reserved strip; thence running with the northerly line of said 40 foot reserved strip S. 86* 45′ W. 276.03 feet to the place of beginning, containing 2.35 acres, more or less, and being the same property conveyed to said Grantor by Exxon Corporation, by deed dated the 7th day of September, A.D. 1973, of record in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 545, page 557.
Being the same property conveyed to GreenHunter Barge LLC, a West Virginia limited liability company, by Seidler Oil, Inc., a West Virginia corporation, by a Deed dated the 6th day of December, 2012, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 853, at page 639.
ALSO, for the consideration aforesaid, insofar as it has the right, party of the first part quitclaims to the party of the second part the right, in common with predecessors in title and others, to use, for purposes of travel by automobile, truck or other highway vehicles to State Route No. 2, that certain 40 foot reserved strip upon which the Property abuts on the south and which strip extends to State Route No. 2 to the east.
SUBJECT to all valid and subsisting encumbrances, conditions, covenants, restrictions, reservations, exceptions, rights of way and easements of record, including the building and zoning ordinances, all laws, regulations and restrictions by municipal or other governmental authority applicable to and enforceable against the above described premises.
RESERVING unto party of the first part and predecessors in title the following:
(a)easement and right to ingress and egress its retained 10.776 acres or any subdivided portion thereof by means of the aforementioned 40-foot reserved strip and other reserved strips described in that Agreement dated October 25, 1950, made by the Ohio Valley Board of Trade, Inc., et. al, recorded in Book 331, page 106 of the Ohio County Recorder’s Office.
(b)right of way for vehicular and foot crossing across the old railroad right of way formerly owned by Consolidated Rail Corporation that lies to the west of the Property, described in agreement dated October 4, 1973 between The Trustees of the Philadelphia, Baltimore and Washington Railroad Company and Grantor.
(c)right of way to run certain pipelines, wirelines and cable crossings beneath the old railroad right of way formerly owned by Consolidated Rail Corporation that lies to the west of the Property — all of which are described in Agreement dated September 8, 1988, between Sol N. Gross and Vivien S. Gross and Grantor (“Gross Agreement”), of record in the Ohio County Recorder’s office at Book 645, page 92.
(d)rights of way for private vehicular and pedestrian crossing, also described in the Gross Agreement.
(e)right to use mooring cylinders owned by Westvaco in the Ohio River, all wharfage and docking permits, and all riparian rights relating to the Ohio River.
ALSO RESERVING unto party of the first part and predecessors in title a (1) permanent right of way to construct and maintain pipes, wires, and cables (carrying water, electricity, gas, communications or petroleum products) along a 15-foot wide underground corridor running along first the extreme westerly and then the extreme southerly boundaries of the property; (2) a temporary construction easement of an additional 10 feet (five feet out on either side of the permanent easement). The temporary easement shall expire 6 months after Westvaco or its successors or assigns commences laying the pipes, wires or cables, which need not be laid all at once. Grantee shall have the right to cross said corridors, but Grantee covenants that it will never construct any improvements thereupon and will be responsible to Grantor or its successors and assigns for any damage to the pipes, wires and cables buried therein.
RESERVING AND NOT CONVEYING right, title and interest in, and all appurtenances relating to that 10.776 acres adjacent to the Property, conveyed to Westvaco Corporation by Straub Enterprises, Inc. by deed dated May 2, 1983, recorded in Book 612, page 30 of the Ohio County Recorder’s Office.
The above described property is known for street numbering purposes: Route 1 Box 1 North 28th Street, Wheeling, West Virginia.
TERMS OF SALE: Sale of the Property will be made subject to the lien for any and all real estate taxes, whether or not currently due, owing, delinquent or payable, whether paid or are otherwise not currently payable, including especially but not limited to the Lien of 2015, 2016 and 2017 Taxes; and further, sale of the subject interest in the Property is subject to any and all other liens, encumbrances, or adverse claims of interest which may be superior to the lien of the Deed of Trust being foreclosed upon or the title of Trustee hereunder. The Property will be conveyed “As Is”, without warranty or representation, express or implied, as to title, physical condition, environmental condition or any other adverse condition which might affect merchantability, marketability, fitness or use of the Property. CASH IN HAND or CERTIFIED FUNDS (Certified Check) in full in the amount of the successful bid or bids on the day of the sale is required for any bidder to purchase the subject Property.
John E. Gompers
N.R. Dec. 6, 13, 2016
235929