TRUSTEES’ SALE OF VALUABLE REAL ESTATE
62 Greenwood Avenue, Wheeling, WV 26003
In a Deed of Trust dated December 5, 2014, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1496, at page 700 Sally W. Ezell did convey unto FNC Title Services, LLC- MD, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia 26003 on:
July 17, 2020
At 01:00 PM
The property for sale as described by the Deed of Trust is as follows:
The following described parts of two adjoining lots or parcel of real estate situate in Triadelphia District, Ohio County, West Virginia, a described as follows:
Parcel No. One:
The Southerly three (3) feet of lot number twenty-one (21) on the plat of Bertschy’s Addition, being a subdivision of a part of the John Reid Estate Near Pleasant Valley in Wheeling, Ohio County, West Virginia, as prepared by Herman L. Arbenz and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book 2, at Page 35.
Parcel No. Two:
All of lot number twenty (20) on said plat of Bertschy’s Addition, excepting a Strip of land off the Southerly side of said lot in the Rear Forty (40) feet long and one (1) foot wide, more particularly described in the conveyance thereof by J. Wilson White, widower, to I. E. Narrigan and Clara Narrigan, his wife, by Deed dated the 8th day of August, 1949 and recorded in said Clerk’s Office in Deed Book 317, at Page 253.
THE PARCELS HEREBY CONVEYED FRONT FORTY-SIX (46) FEET ON THE EASTERLY SIDE OF GREENWOOD AVENUE AND EXTEND OF EQUAL WIDTH IN AN EASTERLY DIRECTION A DISTANCE OF ONE HUNDRED SEVENTY (170) FEET TO THE TWENTY (20) FOOT ALLEY OR ROADWAY IN THE REAR, EXCEPTING THE STRIP OF LAND FORTY (40) FEET LONG AND ONE (1) FOOT WIDE CONVEYED AS AFORESAID.
The oil and gas underlying the property hereby conveyed, with the right to name and remove the same, is excepted from the operation of this deed and not hereby conveyed.
Being the same property conveyed to Sally W. Ezell by deed from Sally W. Ezell, as Executor of the estate of Susan B. Ezell, and her sisters Susan D. Ezell and Catherine E. Weitzman, dated March 12, 2011 and recorded April 12, 2011 at Book 820, Page 316.
Property Address: 62 Greenwood Avenue, Wheeling, West Virginia 26003
Tax ID/Parcel No.:
10-W54-03950000
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Ohio County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code Section 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $14,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
Int. June 12, 19, 2020