NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Harley A. Midcap
1703 Third Street
Moundsville, WV 26041
Harley A. Midcap
115 Home Avenue
Woodsfield, OH 43793
Harley A. Midcap
501 10th Street,
Apt. 416
Moundsville, WV 26041
Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:
Tuesday, July 26, 2016,
at 10:00 a.m.,
at the front door of the Marshall County Courthouse, 600 Seventh Street, Moundsville, West Virginia, that certain property conveyed by Harley A. Midcap to James C. Gardill and Susan L. Petrella, Trustees, by Deed of Trust dated December 30, 2008, and recorded in the office of the said Clerk of the County Commission of Marshall County, West Virginia, in Deed of Trust Book 838, at page 241, and being described as follows:
The following described real estate, whose Tax Map is 13, Parcel 228 (formerly B52), and whose address is 1709 Third Street, situate in the City of Moundsville, Washington District, Marshall County, West Virginia, and being more particularly bounded and described as follows, to-wit:
Beginning at a point in the south side of the extension of Third Street, thence southwardly with the line of Rogerson and Woodruff one hundred two and one-half (102-1/2) feet to an alley; thence eastward with the north side of said alley, forty (40) feet; thence northward parallel with the first line, one hundred two and one-half (102-1/2) feet to the south side of said extension to said Third Street; thence westward with the same, forty (40) feet to the place of beginning, and being forty (40) feet by one hundred two and one-half (102-1/2) feet off of the real estate conveyed to E. C. Rogerson by J. F. Curtis and others by deed dated January 13, 1902, and of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 85, at page 309, and being the same property conveyed to Caroline L. Baker by E. C. Rogerson and wife, by deed dated January 23, 1903, and of record in said Clerk’s Office in Deed Book No. 96, at page 92.
ALSO, a certain lot or parcel of land situate in the said City of Moundsville, Marshall County, West Virginia, bounded and described as follows, to-wit:
Beginning at the northwesterly corner of the lot or parcel of land above described, which point is on the south side of Third Street, in said City, thence southwardly with the line of said lot, one hundred two and one-half (102-1/2) feet, more or less, to an alley; thence westwardly with the line of said alley, fifteen (15) feet to a point; thence northwardly on a line at right angles with said Third Street, one hundred two and one-half (102-1/2) feet, more or less, to the place of beginning, being a lot fifteen (15) feet in width on said alley, and running to a point on said Third Street; and being the same property conveyed to Caroline L. Baker by E. C. Rogerson and wife, and W. H. Woodruff and wife, by deed dated April 20, 1903, and of record in said Clerk’s Office in Deed Book No. 142, at page 354.
BUT EXCEPTING, however, from the lot hereinbefore above first described, a portion off the east side thereof, bounded and described as follows, to-wit: Beginning at the northeast corner of the same, thence southwardly with the line of the lot formerly owned by M. E. Morris to an alley; thence westwardly with said alley fifteen (15) feet to a point; thence northwardly on a line which would be a right angle to said Third Street to the said northeast corner of said lot; and being the same property conveyed by Caroline L. Baker to the said M. E. Morris, by deed dated June 19, 1903, and of record in said Clerk’s Office in Deed Book No. 106, at page 326.
Being the same property conveyed to Sylvia E. Midcap and Harley A. Midcap, her husband, by David R. Ealy and Karen Ealy, his wife, and David M. Buzzard and Diana Buzzard, his wife, by Deed dated November 21, 2001, and of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 624, at page 241. The said Sylvia E. Midcap died February 7, 2007 and by the survivorship provision of said deed, title vested in Harley A. Midcap.
Tax District: 11; Tax Map: 13; Parcel: 228 (formerly B52).
Property Address: 1709 Third Street, Moundsville, WV.
The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.
Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).
Given under my hand this 20th day of June, 2016.
/s/James C. Gardill, Trustee
For information
regarding sale, contact:
Andrew R. Thalman, Esquire,
Counsel for Trustee
PHILLIPS, GARDILL, KAISER &
ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. July 12, 19, 2016
235475