NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 2nd day of November 2007, signed by Michaeline M. Carp, an unmarried woman, to James T. McClure, 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 1339, at page 500, and R. Vance Golden, III, 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 1:00 o’clock P.M. on the
11th day of MARCH 2016
at the front doors of the Courthouse in Ohio County in Wheeling, West Virginia the following described real estate:
The following three parcels of ground, situated on the northerly side of Twenty Ninth Street in the Sixth Ward, City of Wheeling, Webster District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Parcel No. 1: Commencing at a stake in the North line of Twenty Ninth Street located S 54 degrees 15′ E 75 feet from an iron fence post located at the South East corner of the parcel of ground that was conveyed by John Wright, Widower, to James J. Bell by deed dated the 4th day of May, 1905 and recorded in the Office of the Clerk of the County Commission of said County, in Deed book Number 119, page 239, thence from said stake with the division line between lots numbered three (3) and four (4) of the subdivision hereinafter mentioned, N 35 degrees 45′ E 115 feet to a stake located S 54 degrees 15′ E 50 feet from the northeast corner of the lot that was conveyed by Dominick Jebbia and Angeline Jebbia, his wife, to James J. Bell, thence parallel with Twenty Ninth Street S 54 degrees 15′ E 50 feet to a stake located at the northwest corner of Lot Number Six (6) of said subdivision, which was conveyed by Dominick Jebbia and Angeline Jebbia, his wife, to John Milroy, thence with the westerly line of said last mentioned lot S 35 degrees 45′ W 115 feet to a stake in the said North line of Twenty Ninth Street, thence with the same N 54 degrees 15′ W 50 feet to the place of beginning.
The parcel of ground hereby conveyed comprises lots numbered four (4) and five (5) as shown on the plat, made by Orion Koller, Surveyor.
The said party of the second part for itself, its heirs, executors, administrators, and assigns, covenants with the said party of the first part that any building erected on the lots or parcels of ground hereby conveyed shall be used for residence purposes only and shall cost not less than Three thousand dollars and that it shall not erect or cause to be erected any building or structure whatsoever, excepting an open porch, piazza or stoop on that portion of the property hereby conveyed that is within thirty (30) feet from the North line Twenty Ninth Street.
Parcel No. II: Commencing at a stake located at the northeast corner of the Four (4) foot parcel of ground that was conveyed by Alexander J. Crock and Anna K. Crock, his wife, to Dominick Jebbia, by deed dated June 30, 1924; thence with the easterly line of Twelve (12) foot roadway N 35 degrees 45′ E 10 feet to a stake; thence N 65 degrees 41′ E 11 and 95/100 feet to a stake in the southerly line of twenty five (25) foot street; thence with the same S 60 degrees 19′ E 44 and 28/100 feet to a stake; thence with the west line of same S 35 degrees 45′ W 24 and 62/100 feet to a stake located at the northeast corner of the lot or parcel of ground that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to Alexander J. Crock and Anna K. Crock, his wife, by deed dated the 26th day of May, 1922 and recorded in the said County Clerks’ Office in Deed Book No. 182 at page 250; thence with the north line of same N 54 degrees 15′ W 46 feet to the place of beginning.
There is also granted to the party of the second part, its heirs, executors, administrators and assigns, the right to use for road and street purposes, in common with the party of the first part, her heirs, executors, administrators and assigns, as well as n common with the owners of other adjoining property, the following parcel of ground, being more particularly bounded and described as follows:
Commencing at a stake in the north line of Twenty Ninth Street, located S 54 degrees 15′ E 67 feet from an iron fence post located at the southeast corner of the parcel of ground that was conveyed by John J. Wright, widower, to James J. Bell, by deed dated the 4th day of May, 1905, and recorded in the Office of the Clerk of the County Court of said County in Deed Book No. 119 at page 239 said stake being also located at the southwest corner of the Eight (8) foot strip of ground that was conveyed by J. Spadaro Jebbia to Dominick Jebbia, by deed dated June 30, 1924; thence with the westerly line of same N 35 degrees 45′ E 115 feet to a stake at the southeast corner of the parcel of ground (shown as Lot No. Nine (9) on the plat [made by Orion Koller, Surveyor, June 1924] of the subdivision of the property that was conveyed by Elizabeth Wright, unmarried, to Dominick Jebbia) that was conveyed by Dominick Jebbia Angelina Jebbia his wife, to D.Spadaro Jebbia, by deed dated June 30, 1924; thence with the lines of same N 35 degrees 45′ E 10 feet to a stake; thence N 1 degree 34′ W 9 and 84/100 feet to a stake; thence N 60 degrees 19′ W 44 and 28/100 feet to a stake located at the northeast corner of the parcel of ground (shown as Lot No. Eight (8) on the said plat)that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to John J. Bell, by deed dated June 30, 1924; thence with the northerly line of same N 60 degrees 19′ W 50 and 28/100 feet to a stake located at the southeast corner of the parcel of ground (shown as Lot No. Thirteen 13) on the said plat) that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to Frank Woods, by deed dated June 30, 1924; thence with the easterly line of same N. 35 degrees 45′ E 25 and 14/100 feet to a stake located at the southwest corner of the parcel of ground (shown as Lot No. Fourteen (14) on the said plat) that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to Christ Jebbia, by deed dated June 30, 1924; thence with the southerly line of same and its extension S 60 degrees 19′ E 100 and 56/100 feet to the southwest corner of the parcel of ground (shown as Lot NO. Sixteen (16) and said plat); thence with the southerly line of same and its extension S 60 degrees 19′ E 100 and 56/100 feet to a stake; thence S 35 degrees 45′ W 25 and 14/100 feet to a stake; thence N 60 degrees 19′ W 25 feet and 14/100 feet to a stake located at the northeast corner of the parcel of ground (shown as Lot Numbered Eleven (11) on said plat); thence with the northerly line of same N 60 degrees 19′ W 25 and 14/100 feet to a stake located at the northeast corner of the parcel of ground (shown as Lot Numbered Ten (10) on said plat); thence with the lines of same N 60 degrees 19′ W 44 and 28/100 feet to a stake; thence S 65 degrees 41′ W 11 and 95/100 feet to a stake; thence S 35 degrees 45′ W 10 feet to a stake located at the northeast corner of the Four (4) foot strip of ground that was conveyed by Alexander J. Crock and Anna K. Crock, his wife, to Dominick Jebbia, by deed dated June 30, 1924; thence with the easterly line of same S 35 degrees 45′ W 115 feet to a stake in the north line of Twenty Ninth Street; thence with the same N 54 degrees 15′ W 12 feet to the place of beginning.
There is excepted from the lots hereby conveyed all coal underlying the same.
There is excepted and reserved from the foregoing conveyance the following parcel of ground situated in the 6th Ward, Webster District, City of Wheeling, Ohio County, West Virginia, heretofore conveyed by Alexander J. Crock and Anna K. Crock, to the Board of Commissioners of the County of Ohio, State of West Virginia, by a deed dated the 31st day of October, 1930 and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 223 at page 527, and more particularly bounded and described as follows:
Commencing at the intersection of the division line between the lot or parcel of ground that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to John J. Mulroy and Anna Mulroy, his wife, by deed dated May 29, 1922, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book Number 184, at page 551 and by deed of correction dated July 10, 1923, and recorded in said Clerk’s Office in Deed Book 188 at page 478 and the lot or parcel of ground that was conveyed by Dominick Jebbia and Angelina Jebbia, his wife, to Alexander J. Crock and Anna K. Crock, by deed dated May 26, 1922, and recorded in said Clerk’s office in Deed Book 182 at page 250, with the northerly line of 29th Street and as shown on the Lamb and Russel’s Plat of Joseph Caldwell’s Addition, said plat being recorded in said Clerk’s Office in Deed Book 81 at page 492; thence with the said division line (all bearings being of the meridian of the proposed Wheeling and Elm Grove County Road) N 37 degrees 51′ E 14 and 23/100 feet to a point n the northerly side of the cement walk constructed along the northerly side of the improvements made on 29th Street during 1930, thence leaving along said division line and with the property now owned by the party of the first part hereto, N 55 degrees 44′ W 46 and 9/100 feet to a point in the easterly line of a 12 foot roadway; thence with the same S 37 degrees 51′ W 11 and 95/100 feet to the northerly line of 29th Street, as shown on said Lamb and Russell’s Plat; thence with the same S 52 degrees 09′ E 46 feet to the place of beginning, containing 588 square feet.
Parcel No. III: The following lot or parcel of ground situate in the 6th Ward of the City of Wheeling, Webster District, Ohio County and described as follows:
All of Lot Numbered Sixteen (16) as shown on the plat made by Orion Koller, surveyor, of the subdivision of the property that was conveyed by Elizabeth Wright, unmarried to Dominick Jebbia, by deed dated March 12, 1918 and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 161 at page 329.
This conveyance is subject to all the conditions, exceptions, and reservations contained in the deed from Dominick Jebbia and Angelina Jebbia, his wife, to Alexander J. Crock and Anna K. Crock, his wife, dated June 30, 1924 and recorded in said County Clerk’s Office in Deed Book 195 at page 167.
The said Donald W. Carp (aka Donald Carp) died in Ohio County, West Virginia, on the 17th day of February, 2006 (see Death Certificate Book No. 218 at page 106) and pursuant to the joint tenancy with right of survivorship clause set forth in Deed Book No. 652 at page 928 and Deed Book No. 653 at page 931, as referenced above, his surveying spouse, namely, Michaeline M. Carp, by operation of law, obtained his interest in and to the subject properties. The said Michaeline M. Carp owns fee simple title in and to Parcel No. I, Parcel No. II and Parcel No. III.
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:
227 29th Street, Wheeling, West Virginia 26003
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.
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.
R. Vance Golden, III, TRUSTEE
543 Fifth Street,
P.O. Box 81
Parkersburg, WV 26102
Telephone
(304) 485-3851
Fax (304) 485-0261
E-mail: vgolden@
goldenamos.com
N.R. Feb. 26, 2016
N.R. March 4, 2016
235131