TRUSTEE’S NOTICE
OF SALE
To: Christopher L. Birch
8 Four Sisters Court
Moundsville, WV 26041
By virtue of that certain Deed of Trust made by Christopher L. Birch, to John E. Gompers, Trustee, dated the 13th day of August, 2015, and of record in the office of the Clerk of the County Commission of Marshall County, West Virginia, on the 20th day of August, 2015, in Deed of Trust Book No. 970, at page 136, the undersigned will sell at public auction, and subject to the terms and conditions set forth in this Trustee’s Notice of Sale and in the said Deed of Trust, on the 14th day of June, 2016, at 10:00 o’clock A.M., at the front door of the Marshall County Courthouse, Moundsville, West Virginia, the following described property (“Property”) situate at 120 N. Highland Avenue, Moundsville, Marshall County, West Virginia 26041, and being more particularly described as follows:
The following described tract of real estate, having Tax Map Number 3, Parcel Number 50, and having an address of 120 N. Highland Avenue, Moundsville, West Virginia, situate in the City of Moundsville, Marshall County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a stake on the south side of Highland Avenue; thence South 17* 16′ West 149 feet with a line which is 14 feet east of and exactly parallel with the side of the Highland Hall to a stake, which stake is 14 feet east of and opposite to the southeast corner of Highland Hall; thence South 34* 37′ West 219 feet to a stake, which stake is the northwest corner of the intersection of two alleys; thence with the west side of a 12 foot alley South 2* 45′ West 124 feet to a stake which is the terminus of said alley at a point in the north line of another lot owned by John Jupinko, Jr.; thence with the north line of said lot North 87* 15′ West 180 feet to a point in Simmons line; thence with Simmons North 2* 45′ East 51 feet; thence with the south and the east side of Highland Avenue and also with the east side of Highland Avenue produced for a distance of 604 feet (chord measurement) approximately to the place of beginning, as per survey by Gordon W. Sammons, C.E., made in November, 1948.
Excepting and reserving, however, a parcel containing 23,629 square feet, or .542 acres, more or less, conveyed by Garren W. Berisford and Patricia A. Berisford, his wife, to Daniel E. Tatich and Linda S. Tatich, his wife, by Deed dated the 21st day of August, 1984, and of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 513, page 351, reference being here made to said Deed for a more particular description of the parcel excepted and reserved.
Also, further excepting and reserving, however, a parcel more particularly bounded and described as follows:
Beginning at a point in the center of Highland Avenue as abandoned by a City of Moundsville ordinance recorded in Miscellaneous Record Book 4, Page 11 of the Marshall County records, said point being located North 86* 00′ East 30.031 feet from an iron pin at the southeast corner of Lot 2 as shown on a plat of Rox Simmons Overlook Addition to Cherokee Hills and recorded in Plat Envelope 249 B, thence with the center of said abandoned Highland Avenue, North 04* 11′ East 20.59 feet to a point, thence North 10* 02′ West 55.68 feet to a point located North 86* 00′ East 30.17 feet from an iron pin at the northeast corner of the above mentioned Lot 2, thence with an easterly projection of the northerly line of said Lot 2, North 86* 00′ East 60.0 feet to an iron pin, thence South 06* 12′ 27″ East 75.81 feet to an iron pin in the easterly projection of the southerly line of said Lot 2, passing the easterly right-of-way line of abandoned Highland Avenue at 12.08 feet, thence South 86* 00′ West 60.0 feet to the place of beginning, containing 4404 square feet, more or less, according to a survey by Chadan Engineering, Inc., in October, 2011, and as set forth in the Deed dated December 20, 2011, by and between Michael Dunn and Janet Dunn, Grantors, and Glen Brace and Mildred Brace, Grantees, and of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 754, page 81, reference being here made to said Deed for a more particular description of the parcel excepted and reserved.
There is also granted and conveyed so much of Highland Avenue as abuts upon the property hereby conveyed and which was abandoned by the City of Moundsville by Ordinance duly adopted on November 24, 1980, a copy of which is of record in said Clerk’s Office in Miscellaneous Book 4, page 11.
Thereby leaving approximately 1.225 acres more or less.
This conveyance is, however, subject to the exceptions, reservations, covenants, conditions, restrictions and easements, if any, granted by or acquired from the party of the first part and his predecessors in title to said land.
Being the same property conveyed to Christopher L. Birch from Michael E. Dunn and Janet A. Dunn by Deed dated October 25, 2012, and recorded in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 783, at page 126, less prior out conveyances. The Deed was re-recorded on August 7, 2015, so as to follow the Deed re-recorded in Deed Book 870 at page 423, which attached an inadvertently omitted but necessary affidavit, and re-recorded in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 871 at page 499, less prior out conveyances.
The above described property is known for street numbering purposes: 120 N. Highland Avenue, Moundsville, WV 26041.
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; 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,
Trusee
N.R. May 31, 2016
N.R. June 7, 2016
235373