Public Notice

NOTICE OF
TRUSTEE’S SALE
Pursuant to the authority vested in the undersigned J. Patrick Jones, Substitute Trustee by Notice of Substitution of Trustee which notice is of record in the Office of the Clerk of the County of Commission of Ohio County West Virginia, and by Deed of Trust dated September 1, 2006, executed by Terry Mason aka Terrence L. Mason to Enterprise Bank, Trustee, which deed of trust is of record in the Office of the Clerk of Ohio County, West Virginia, in Trust Deed Book 1305 at Page 248, the undersigned Substitute Trustee has been requested, in writing, by the beneficiary of said deed of trust to sell the real estate described below, as there has been a default under the terms and conditions of said deed of trust. Therefore, the undersigned Substitute Trustee will sell the real estate described in the Deed of Trust, at a public auction on July 23, 2024 at 2 p.m. to the highest bidder at the front door of the Courthouse of said County of Ohio, in Wheeling, West Virginia, which real estate is more completely described as follows:
Parcel I
The following described tract of land, situated in the City of Wheeling, Ohio County, West Virginia, and more particularly bounded and described as follows:
Commencing at a stone on the westerly side of Community Avenue on the division line between the former Ohio County Poor Farm which is shown on the Plat of the Subdivision of the Poor Farm, recorded in the Office of the Clerk of the County Court of Ohio County in Deed Book 74, at page 125, and the property which was conveyed by Anton Reymann and wife, to the Eureka Bonding Company by deed dated July 15, 1901, and recorded in the said County Clerk’s Office in Deed Book 106, at page 615, said stone being located South 64 deg 02′ West, 50 feet from the westerly right-of-way line of the Wheeling, Pittsburgh & Baltimore Railroad Company, later operated by the Baltimore & Ohio Railroad Company; thence with the westerly line of a strip of land 50 feet in width which has been reserved for public use as a street and parallel with the westerly right-of-way line of said railroad. North 33 deg 03′ West, 735 feet to an iron pin; thence leaving said 50 foot strip, South 43 deg 27′ West 180 feet; thence South 33 deg 03′ East 160 feet; thence South 64 deg 02′ West 48 and 9/10 feet to the easterly line of a private roadway 20 feet wide; thence with the easterly line of the private roadway, South 32 deg 56′ East, 511 and 11/100 feet to a stake, thence leaving the private roadway and with the said division line between the former Ohio County Poor Farm and the said property conveyed to the Eureka Bonding Company, North 64 deg 02′ East 226 and 33/100 feet to the place of beginning, containing by survey made by Walter Stegman, Surveyor, three and four tenths (3 – 4/10) acres, more or less, which parcel is shown upon the plat attached to the deed of The Wheeling Box Company to J. W. Bumgardner and Hilda A. Bumgardner recorded in Deed Book 341, page 102, which plat is designated as “Plat of Elm Grove Property Formerly owned by Wheeling Sanitary Manufacturing Co.”, together with all the buildings and improvements thereon, and all the appurtenances and hereditaments thereunto belonging.
There is also granted the second party the right to construct and maintain a railroad switch upon the above mentioned strip of land 50 feet in width that was reserved for public use as a street with the right to connect such switch from time to time with other tracts laid upon the said 3 and 4/10 acre tract. The center line of the said railroad switch shall be 5 – 1/2 feet distant measured at right angles in a northeasterly direction from the easterly line of the said three and four tenths (3 – 4/10) acre tract. The said switch may be connected with the tracks of the said Pittsburgh, Wheeling & Baltimore Railroad, or Baltimore & Ohio Railroad, by a single track laid across the said 50 foot strip. The said switch and last mentioned connecting tract may be used by other persons in any way which shall not unreasonable interfere with the rights of the second party, and the whole or any portion of such switch, or last mentioned connecting track which said second party may not construct, may be constructed by other persons and when so connected may, in like manner as hereinbefore provided, be used by any other persons as well as by said second party.
There is also granted to said second party a right-of-way over a strip of land 50 feet in width and 207 and 9/10 feet in length, which right-of-way extends from the westerly line of the property herein conveyed, in a westerly direction, a distance of 207 – 9/.10 feet, and is shown on the plat attached to the aforesaid deed, and designated as “Right-of-Way 50 ft. wide.”
This deed is made subject to a right-of-way, to lay, maintain and operate, sewer, gas and water lines, along the southerly property line of the parcel herein conveyed, that is, along the line described in this deed as being N. 64 deg 02′ E. 226 – 33/100 feet, which said right-of-way for the purposes stated herein, is for the use and benefit of the owners, occupants, lessees, heirs-at-law, successors in title, or assigns, of lots numbered 1, 2, 3, 4, 5, 6 and 7, as shown on the plat attached to aforesaid deed.
Being the same property conveyed to Terry Mason (also known as Terrence L. Mason) by Ohio Valley Steel Company, a West Virginia corporation, by deed dated January 18, 1995, and recorded in said Clerk’s office in Deed Book 684, at page 502.
Parcel II
The following tract of land is situate on the easterly side of Lava Avenue, City of Wheeling, Triadelphia District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point at the southwesterly corner of the 10 and 05/100 acre tract of land that was conveyed by CSX Transportation, Inc., to TLC Properties, Inc. by deed dated April 25, 1994, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 680, at Page 8; thence from said beginning point and with the southerly line of said 10 and 05/100 acre tract, N. 56 deg 28′ 24″ E. (at 33 feet passing an iron pin at Valuation Station 3059+25) 115 feet to a point at the edge of Big Wheeling Creek; thence up same, the following two (2) bearings and distances: S. 30 deg 38′ 56″ E. 275 and 73/100 feet to a point; thence S. 37 deg 28′ 15″ E. 445 and 27/100 feet to a point; thence leaving said Creek the following two (2) courses and distances: S. 63 deg 33′ 24″ W. 70 and 59/100 feet to a point; thence with a curve to the left having a radius of 997 and 18/100 feet and an arc distance of 442 feet, the chord bearing and distance for said arc being S. 52 deg 50′ 10″ E. 438 and 39/100 feet to a point in the northerly extension of the easterly face of an abutment, thence S. 04 deg 50′ 22″ E. (at 37 and 65/100 feet passing valuation station 3047+34.5) 92 and 65/100 feet to a point in the easterly line of said Lava Avenue; thence with same, the following three (3) bearings and distances: N. 60 deg 30′ 36″ W. 136 and 41/100 feet to a point; thence N. 47 deg 49′ 36″ W. 406 and 19/100 feet to a point; thence N. 33 deg 31′ 36″ W. 690 and 73/100 feet to the place of beginning containing two and four hundred eighty-seven one thousandths (2 and 487/1000) acres, (108,331.87 square feet) more or less by survey made by Stegman & Schellhase, Inc., Civil Engineers & Surveyors, Wheeling, West Virginia on June 17,1996.
Being the same property conveyed from CSX Transportation, Inc., a Virginia corporation to Terrence L. Mason by Quitclaim Deed dated August 19, 1996, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 694, at page 238.
TERMS OF SALE
1. Cash in hand paid on the day of sale.
2. The sale of the property will be made subject to all matters having priority over the deed of trust referred to herein including but not limited to any and all assessments and taxes against said property, all prior liens, encumbrances, lease, restrictions, covenants, conditions, rights of way and easements of any nature whatsoever. Subject to the redemption rights of the Internal Revenue Service as set forth in 26 U.S.C. Sections 7425.
3. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code Sections 11-22-2.
4. The subject property will be sold in “AS IS” condition. The Substitute Trustee makes no representations and warranties of any kind or character including, but not limited to, the condition of the real estate or the title to the real estate to be conveyed.
5. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
6. The Substitute Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of the sale described above.
7. The beneficiary of the Deed of Trust and holder of the note thereby secured reserves the right to submit a bid for the property at the sale, which bid may be in the form of a credit bid.
8. Such other terms as may be announced at the time of Sale.
Given under my hand this 26th day of June, 2024.
J. Patrick Jones,
Substitute Trustee
304-529-2391
INTEL – July 1, 8, 2024