TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated July 25, 1997, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book No. 1033, at Page 480 and modified in Document No. 1735378, in Book No. 1345, at Page 303 and modified in Document No. 1867207, in Book No. 1381, at Page 1, Pamela P. Olson and C Michael Olson did convey unto Phyllis H. Arnold and Brian J. Fox, Trustees, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated February 12, 2009 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by MidFirst Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse in Wheeling, West Virginia, on
August 5, 2016
at 11:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Wheeling District, Ohio County, West Virginia, and more particularly described as follows:
The following lot or parcel of land situate on the Southwesterly side of Eagle Avenue, in the City of Wheeling, Richland District, Ohio County; West Virginia, and being the Northwesterly one-half of Lot Numbered 85, as shown on the Plat of North Park (Section 11), Clerk of the County Commission of Ohio County, West Virginia, in Plat Book No. 3; at page 91, said parcel being more particularly bounded and described as follows:
The northwesterly one-half of Lot Numbered 85 as shown and designated on the said Plat of North Park (Section 11), front forty (40) feet on the said southwesterly side of Eagle Avenue
and extending back of even width one hundred (100) feet to the rear of said lot.
There is excepted and reserved from the parcel hereby conveyed all of the coal underlying same, together with such mining rights and privileges that have been heretofore excepted and/or conveyed.
The parties of the second part hereby covenant with the parties of the first part that the real estate hereby conveyed shall be subject to the following conditions and restrictions:
(1) All lots shall be used for residential purposes only. No tract or lot shall be subdivided by any purchaser. No structures shall be erected, altered, placed or permitted to remain on any lot other than one (1) single-family dwelling not to exceed two and one-half (2 1/2) stories in height and a private garage for not more than two (2) cars, which garage shall be installed in the basement of, or directly attached to said dwelling or shall be connected to said dwelling by a breezeway.
(2) No structure, except an open porch, piazza or stoop shall be located on any lot nearer to the front lot line or nearer the side street line than the building setback lines shown on the plat.
(3) No trailer, basement, tent, shack or garage shall at any time be temporarily or permanently used as a residence nor shall any structure of any temporary character be used as a residence.
(4) No boat, trailer, truck or camper shall be parked, placed, or permitted to remain on said lot unless the same is completely and wholly within the private garage located thereon.
(5) No fence or wall shall be erected or maintained on any lot nearer the street line than the front wall of the dwelling on said lot, except retaining walls protecting the entrance to a basement garage or retaining walls protecting slopes in front lawn area of said lot; provided, however, that such retaining wall shall not extend above the grade of the lawn of said lot.
(6) No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood.
(7) No rain or surface water shall be drained, emptied or discharged into the sanitary sewer lines located as shown on said plat, and only sanitary sewage and household wastes shall be drained, emptied or discharged into said sewer lines.
(8) Streams and water courses for surface drainage shall not be obstructed, relocated or changed in any way by any purchaser.
(9) No right, license or privilege shall be granted any person, firm or corporation to erect or use, or permit the use of overhead wires, poles, or overhead facilities of any kind, for electrical, telephone or television services on said lot; provided, however, that ornamental yard lighting serviced by underground wires or cables and the erection of private television antennas by the owner or occupant of the residence erected on said lot shall be permitted.
All of the foregoing covenants shall be covenants running with the land and may be enforced by the owner or owners of North Park (Section 7 A) or any lot therein, against the owner or owners of the lot or tract upon which any violation thereof occurs. Said covenants shall be binding upon all purchasers and all persons claiming under them until December 1, 1992, and thereafter until such time as an instrument signed by 60{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the then owners of lots shown on said plat has been recorded, agreeing to change said covenants in whole or in part. Invalidation of any one of said covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
At the time of the execution of the Deed of Trust, this property was reported to have an address of: 30 Eagle Avenue, Wheeling, WV 26003.
The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: $4,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale.
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.
Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.
SENECA
TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 44221
Int. July 20, 27, 2016
235556