NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated June 2, 2004, executed by the Borrowers, Linda S. Seals and Wayne L. Seals, to Ed Goldberg, the Trustee, of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1238, at Page 550, and re-recorded in Book 1291, at Page 537. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 823 Mount De Chantal Rd., Wheeling, WV 26003. Pill & Pill, PLLC was appointed as Substitute Trustee by an APPOINTMENT OF SUCCESSOR TRUSTEE dated October 1, 2019, of record in the Clerk’s Office in Book 1590, at Page 552. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on the following date:
November 7, 2019
at 10:12 a.m.
All those certain lots or parcel of real estate situate on the westerly side of Mount De Chantal Road, in the City of Wheeling, in the Triadelphia District, County of Ohio, State of West Virginia, and being more particularly described as follows:
PARCEL 1
A parcel of land beginning at a concrete monument on the westerly side of Mount de Chantal Road at the southeasterly corner of the tract of land conveyed by Charles Jay Stein and Janis H. Stein to Stein Development Company, by Deed dated December 12, 1951, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 339, at page 53; thence from said beginning concrete monument and with the westerly side of said Mount de Chantal Road S. 29* 29′ E. 60 feet to a stake; thence leaving said Mount de Chantal Road and with other lands now or formerly owned by predecessors of the parties of the first part hereto, the following two (2) bearings and distances: S. 60* 31′ W. 120 feet; thence N. 29* 29′ W. 127 and 39/100 feet to a stake in the southerly line of said Stein Development Company property; thence leaving such other lands, and with the southerly line of the said Stein Development Company property, N. 98* 50′ E. 137 and 63/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Two Hundred Fifty-eight Thousandths (258/1000) of an acre, more or less.
There is also excepted and reserved from the said 258/1000 of an acre parcel, any right-of-ways pertaining to roads, water lines, sewers and any other utilities that have heretofore been excepted and/or conveyed.
The said 258/1000 of an acre parcel is subject to a fifteen (15) foot front building line of houses, and no building or structure whatsoever, except open porches, stoops or verandas shall be built closer than fifteen (15) feet to the westerly side of said Mount de Chantal Road. Any such house shall be substantial, presentable, and in keeping with the neighborhood, and shall be used for residential purposes only.
PARCEL II
Beginning at a concrete monument in the westerly line of Mount de Chantal Road, at the northeasterly corner of the 258/1000 of an acre parcel of land which was conveyed by William Callahan, et ux,, et al., to Donald B, Holman and Wilda Pearl Holman, his wife, by Deed dated February 24, 1956; and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 382, at page 84; thence from said beginning concrete monument, and with the northerly line of the said 258/1000 of an acre parcel, S. 89* 50′ W. 85 and 28/100 feet to a stake at a corner of the parcel of land, conveyed by Holman to Cambria; thence with a southerly line of said Cambria parcel, N. 65* 36′ E. 77 and 77/100 feet to a stake in the said westerly line of Mount de Chantal Road; thence with said westerly line, S, 24* 24′ E. 35 feet to the place of beginning, as the same was surveyed by Stegman & Schellhase, Inc., Civil Engineers and Surveyors.
All coal and coal mining rights and privileges are excepted and reserved, and not hereby conveyed.
And BEING the same property conveyed to Wayne L. Seals and Linda S. Seals, husband and wife, from Barbara Ann Seals, single, by Deed dated November 8, 1999, and recorded on November 12, 1999, in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 716, Page 133.
This conveyance of the two parcels, is made subject to exceptions, reservations, restrictions, covenants, conditions, easements and rights- of-way referred to or contained in this Deed, any aforementioned Deeds and all prior conveyances of record.
TERMS OF SALE:
1)The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Richard A. Pill, Member
Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
N.R. Oct. 21, 28. Nov. 4, 2019