NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 12th day of October, 2007, signed by Phyllis R. Thompson, an unmarried woman to James F. Companion, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1337, at page 649, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 11:15 o’clock a.m. on the
23RD DAY OF AUGUST 2022
at the front doors of the Courthouse in Ohio County in Wheeling, West Virginia the following described real estate:
All of Lot 3, as shown on the “Final Subdivision Plat of Grandview HOPE VI Phase 2 Subdivision” located in the City of Wheeling, Wheeling District, Ohio County, West Virginia, said plat being recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book No. 5, at pages 37 and 37-1 to which said plat reference is hereby made for a more particular description of said Lot, together with the improvements located thereon.
The coal underlying said parcel of land is excepted and reserved.
Being the same property conveyed to Phyllis R. Thompson by deed from TCB Home Builders LLC a Delaware limited liability company, dated October 4, 2007 and of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 780 at page 290.
Said property is subject to the following protective covenants and restrictions:
1. All residence of a similar building type shall be of a common architectural theme or design, and the Grantee(s) shall make no significant alterations to the exterior appearances of the residences. In the event of the fire or other severed damage or destruction affecting a residence, the restoration or rebuilding of the residence shall substantially conform to the original theme, design, colors and materials, and existing front, rear and side setback and building lines shall be preserved.
2. The Grantees shall occupy the residence as the Grantee(s) principal place of residence and shall not lease or rent the property.
3. The property shall be used for residential purposes only. No business use or commercial activity shall be conducted on the property except such home businesses as may be operated in a manner consistent with all applicable zoning, health and safety laws, regulations and ordinances and without visitors, clients, customers, employees, or other participants on the premises.
4. No noxious or offensive trade or activity shall be carried on upon the property nor shall anything be done thereon which may be or become an annoyance to the neighborhood.
5. No advertising sign, or billboard, or other advertising device of any kind shall be erected, placed or suffered to remain upon the property except signage related to the sale of the property.
6. No fence, wall or shrubbery indicating a division shall be erected or maintained on the property nearer to the street line than the front wall of the dwelling, except retaining walls protecting slopes in the front lawn area of the property, provided however that such retaining wall shall not extend above the grade of the lawn of the property. No fence, wall or shrubbery indicating a division may exceed five (5) feet in height.
7. All outside radio or television antennae or satellite dishes shall be located in such a manner so as not to be visible from the street. Any such satellite dish must not exceed twenty (20) inches the diameter.
8. The property shall be kept in a neat, clean and orderly manner at all times, well maintained and in good repair. The lawns and grounds of the property shall be weeded, seeded, mowed and maintained free of the unsightly weeds and other unsightly growth.
9. Dogs, cats and other common household pets shall be permitted in limited numbers but Grantees shall be responsible for the behavior of any pets and shall not permit pets to wander, bark or howl excessively, or become a nuisance. Grantees shall be responsible for prompt removal of pet waste. No animals other than common household pets shall be permitted. Pit bull terriers, Rottweilers, Doberman pinschers or other types of attack dogs shall not be permitted under any circumstances, nor shall any dog be kept that is known to have a vicious disposition. Dogs shall be limited to animals of 25 pounds or less.
10. The Grantees shall insure the residence and the property with hazard insurance in an amount not less than the full replacement cost of the residence. Any property separated from an adjoining property by a party wall built as part of the original construction of the improvements shall be insured with the hazard insurance in the amount provided herein and shall name all party wall owners as additional insured and shall stipulate that proceeds from such policies for loss or damage to the property be jointly payable to the Grantees and to the party wall owner, successors or assigns, in addition to any mortgagees as their interests may appear.
11. The cost of reasonable repair and maintenance of a party wall shall be shared by the Grantees and the party wall owner in equal proportion.
12. Grantees are responsible for disposal of any household trash and rubbish and shall not dispose of such trash and rubbish upon the property of others. All household trash and rubbish shall be property stored in closed receptacles, and the Grantees shall not otherwise store junk, debris, unlicensed vehicles, or any vehicles not for personal use upon the property.
All of the foregoing covenants shall be covenants running with the land and may be enforced against the Grantees by the WHA, its successors and assigns. TCB Grandview Limited Partnership, its successors and assigns, and any owner of any lot shown on the aforementioned Final Subdivision of Grandview HOPE VI Phase 2 Subdivision, including the successor and assigns of any such owner.
This conveyance is subject to all other conditions, agreements, exceptions, reservations, stipulations, rights of way and other interests of other parties as may be contained in prior deeds or other instruments of record.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
The above described real estate is reported to have a mailing address of:
833 Grandview Avenue,
Wheeling, WV 26003-3022
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. 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. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Some Trustee sales may be conducted by a servicer required Auction Company. In that event, the auctioneer will be acting under an “Auction Services Agreement.”
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.
GOLDEN & AMOS, PLLC, TRUSTEE
543 Fifth Street, P.O. Box 81
Parkersburg, WV 26102
Telephone (304) 485-3851
Fax (304) 485-0261 E-mail:
vgolden@goldenamos.
com
Our business hours are 8 :30 AM – 5 :00 PM
On weekdays – not including holidays
Lender: Fifth Third
Processor: Kristi / Ext 27
(Thompson, Phyllis
nts/foreclosures/2022 foreclosures/mb)
Int. Aug 9, 16, 2022