NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE

NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: North Central (W. Va.) Opportunities Industrialization Center, Inc.
120 Jackson Street
Fairmont, WV 26554
Notice is hereby given that the undersigned Substitute Trustee, will sell at public auction to the highest bidder on: MONDAY, OCTOBER 7, 2019, 12:00 PM
at the front door of the Marion County Courthouse, Fairmont, Marion County, West Virginia, that certain property conveyed by North Central (W. Va.) Opportunities Industrialization Center, Inc. to J. Scott Tharp, Trustee, and Philip C. Petty, Trustee, by two (2) Deeds of Trust dated March 12, 2009, and recorded in the office of the said Clerk of the County Commission of Marion County, West Virginia, in Deed of Trust Book 948, at page 783 and in Deed of Trust Book 948, at page 794. Jeffery D. Kaiser, Esq. and Elizabeth A. Pietranton, Esq. have been appointed as Substitute Trustees for the above-referenced Deeds of Trust pursuant to two (2) Appointment of Substitute Trustees executed by James Sweeney for and on behalf of WesBanco Bank, Inc. dated August 29, 2019 which have been submitted to the office of the Clerk of the County Commission of Marion County, West Virginia for recording. The property which is to be sold pursuant to the above-referenced Deeds of Trust is described as follows:
All those certain lots or parcels or real estate situate on Jackson Street, in the City of Fairmont, Fairmont District, Marion County, West Virginia, bounded and described as follows:
TRACTS 1
First Parcel: Beginning at a stake in the northern line of Jackson Street and corner to property formerly owned by A. F. Felty and running back from said street, along and with said Felty’s line 79 1/2 feet to the property of William S. Haymond, thence with said Haymond’s line, in a westerly direction 25 feet to a corner to property of George E. Amos and L. B. Amos, and thence with their line in a southerly direction 79 1/2 feet to a stake in the northern line of Jackson Street, thence with and along said line of said street in an easterly direction 25 feet to the place of beginning, containing about 1987 1/2 square feet be the same more or less. Together with all the rights and privileges belonging or appertaining to the division walls between the Felty property on the East and the said property of George E. Amos and other on the West, which said rights and privileges are fully set forth and contained in two certain deeds of conveyance, one from Ilin Hickok to B.M. Simpson under date of April 25, 1901, and of record in the Office of the Clerk of the County Commission, Marion County, West Virginia in Deed Book No. 103, at Page No. 445, and the other from George E. Amos and other to Benjamin M. Simpson under date of February 5, 1901, and of record in the aforesaid Clerk’s Office in Deed Book No. 103, at Page 222, to which deeds reference is no made for a minute description of said rights and privileges therein contained and hereby conveyed as fully as though herein set forth at length.
Second Parcel: Lot No. 1 – All that part of the Lot No. 26 on the map or plat of Middletown, Virginia, no Fairmont, West Virginia, which plat is recorded in said Clerk’s Office in Deed Book No. 297, at Page No. 555, bounded and described as follows, to-wit:
Beginning at a point in the southern line of Jackson Street distant thereon 168.9 feet eastwardly from the eastern line of Cleveland Avenue, said beginning point being a corner to the W.R. Crane property, thence with the southern line of said Jackson Street N. 67° 35’ E. 61.78 feet to a point in said line of said street, a corner to Independent Order of Odd Fellows property, thence with the western line of said Odd Fellows property S. 25° 17’ E. 62.50 feet to a point in the northern line of the Old United States Post Office property; thence with line of said Post Office property S. 64° 43’ W. 61.70 feet to a point, a corner to said Crane property and thence with eastern line of said Crane property N. 25° 23’ W. 65.54 feet to the place of beginning; together with all the right, title, and interest of the said party of the first part, in and to the following easements, rights, privileges appurtenant to the said real estate hereinabove described and hereby conveyed:
1. The easement and rights which the party of the first part may have of connecting a building to the western wall of what was formerly called the “Grand Opera House Building”, which was granted to John M. Kisner by Fairmont Lodge No. Two, Independent Order of Odd Fellows, a West Virginia corporation, by deed dated the 6th day of May, 1929, of record in said Clerk’s Office in Deed Book No. 295, at Page No. 464, which said easement and rights were conveyed to Altha M. Craig by those two certain deeds, to wit, deed by Clay D. Amos, Trustee in Bankruptcy of the Estate of John M. Kisner, Bankrupt, being date the 15th day of April, 1940, of record in said Clerk’s Office in Deed Book No. 355, at Page 339, and quit claim deed by Mary SD. Kisner, wife of John M. Kisner dated the 15th day of April, 1940, of record in said Clerk’s Office in Deed Book No. 355, at page No. 339, and quit claim deed by Mary S. Kisner, wife of John M. Kisner, dated the 15th day of April, 1940, of record in said Clerk’s Office in Deed Book No. 355, at Page 346, respectively; and which said easement and rights were confirmed, quit claimed, and granted to the said Altha M. Craig by A.J. Wilkinson, S.P. Bell, and R.A. West, Trustees for the use and benefit of the Odd Fellows Home now located in Elkins, West Virginia, by confirmatory and quit claim deed dated the 6th day of April, 1940, and of record in said Clerk’s Office in Deed Book No. 355, at Page No. 224, and
2. The easement and rights which the said party of the first part may have for the use of an eight-foot walkway on part of the Old United States Post Office property which adjoins the said property hereby conveyed and other properties, for the use of said property hereby conveyed and other properties, which easement and rights were hereto had by John M. Kisner under a revocable license from the United States of America, which said easement and rights were conveyed to Altha M. Craig by Clay D. Amos, Trustee in Bankruptcy of the Estate of John M. Kisner, Bankrupt, by deed dated the 15th day of April, 1940, of record in said Clerk’s Office in Deed Book No. 355, at Page No. 339.
Lot No. 2 – All that certain lot or parcel of land fronting 26.60 feet on Jackson Street, adjoining on one side the property known as the Jackson Hotel property and adjoining in the rear property formerly owned by W. S. Haymond, and being more particularly bounded and described as follows, to-wit:
Beginning at a point in the northern line of Jackson Street at the center of the west wall of said Jackson Hotel building, thence running with the center line of said side wall of said Jackson Hotel building in a northerly direction 80.00 feet to a point in line of said W.S. Haymond property; thence running in a westerly direction in a line of said Haymond property 23.80 feet to a point; and thence leaving said Haymond property and running on a line at right angles thereto 80.00 feet to a point in a northerly line of said Jackson Street; and thence running with a northerly line of said Jackson Street at right angles to said last mentioned line 26.60 feet to the place of beginning.
This grant and conveyance includes all right, title, and interest of the Grantor and by virtue of that certain party wall agreement entered into between George E. Amos and Luther B. Amos of the one part and B.M. Simpson of the other part, dated the 5th day of February, 1901, of record in said Clerk’s Office in Deed Book No. 103, at Page No. 222, the said party of the first part herein being the successor to the rights which were created in favor of the said George E, Amos and Luther B. Amos under said party wall agreement; but this grant and conveyance is subject to the rights which were created in favor of the said B.M. Simpson and his successors in title to adjoining real estate under the provisions thereof and especially with respect to the dominant and servient rights therein created in favor of the respective parties thereto.
Being the same property that was conveyed to Norther Central West Virginia OIC, Inc. from Rudolph A. Zaccagnini, Sr. and Virginia L. Zaccagnini, husband and wife, by deed dated the 22nd day of January, 2003, and of record in the Office of the County Commission of Marion County, West Virginia, in Deed Book No. 981, at Page No. 837. And being the same property that was conveyed to North Central (W. Va.) Opportunities Industrialization Center, Inc. from Rudolph A. Zaccagnini, Sr. and Virginia L. Zaccagnini, husband and wife, by Deed of Correction, and of record in the Office of the County Commission of Marion County, West Virginia in Deed Book No. 1044, at Page No. 934.
Tax District: 03; Tax Map: 1; Parcel: 16.
Tax District: 03; Tax Map: 1; Parcel: 23.
Tax District: 03; Tax Map: 1; Parcel: 15.
Property Address: 120 Jackson Street
Fairmont, WV 26554
TRACT 2
All of that certain parcel or lot of land, subject to the exceptions and reservations hereinafter set forth, situate in the City of Fairmont, Fairmont District, Marion County, West Virginia, as follows:
Beginning at a stake in said Monroe Street and running thence with a line of C.J. Corbin heirs, N. 66° 40’ E. 129 feet to a stake, corner to property owned by Mrs. Coogle; thence with one line thereof N. 18° 16’ W. 39.6 feet to a stake; thence S. 67° 20’ W. 131.75 feet to said Monroe Street; thence with said Monroe Street S. 22° 40’ E. 40 feet to the place of beginning, together with the right of way for all purposes unto the said parties of the second part over a certain private alley adjoining the above described lot on the western side thereof, and which said private alley fronts on Monroe Street 10 feet and extends back with a uniform width of 10 feet for the entire length of said lot hereby conveyed.
Being the same property that way conveyed to North Central (W. Va.) Opportunities Industrialization Center, Inc., a West Virginia corporation from Lawrence J. McMullen and Julia Hoban McMullen, husband and wife, by deed dated the 14th day of May, 1993, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia in Deed Book No. 910, at page No. 25.
Tax District: 03; Tax Map: 1; Parcel: 269.
Property Address: 424 Monroe Street
Fairmont, WV 26554
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. §7424(d).
Given under my hand this 6th day of
September, 2019.
/s/ Jeffery D. Kaiser, Esq.
Jeffery D. Kaiser, Esq., Successor Trustee
For information regarding sale, contact:
Jeffery D. Kaiser, Esq. (WV Bar No. 12284)
Elizabeth A. Pietranton, Esq. (WV Bar No. 12901)
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: (304) 232-6810
Facsimile: (304) 232-4918
E:[email protected] & [email protected]
Times: September 16, 23, 2019