Wood

NOTICE OF TRUSTEE’S SALE

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NOTICE OF TRUSTEE’S SALE

 

Pursuant to the authority vested in the undersigned Successor Trustee pursuant to that certain Deed of Trust bearing date of December 8, 2005, executed by Melvin E. Somerville, to R. Bruce White, Trustee for WesBanco Bank, Inc., Lender therein, which said Deed of Trust is of record in the Office of the Clerk of the County Commission of Wood County, West Virginia, in General Lien Book 1330, at Page 403, and default having been made in the payment and performance of the obligations secured by said Deed of Trust, and WesBanco Bank, Inc. having removed said Trustee and appointed the undersigned Successor Trustee by Appointment of Successor Trustee dated the 8th day of March, 2017 and recorded in said Clerk’s Office in General Lien Book 1962, at Page 534, and the undersigned Successor Trustee having been requested so to do by the holder and owner of said obligations, the undersigned Successor Trustee, or his agent or attorney, will sell at public auction to the highest bidder at 10:00 o’clock A.M. on the 10th day of May, 2017, at the site of the hereinafter described real estate, having an address of 3600 East Seventh Street, Parkersburg, West Virginia, 26104, the real estate located, situate, of the quantity, and more particularly described as follows:

 

Situate in the District of Parkersburg, County of Wood, and State of West Virginia, more particularly described as follows:

 

BEGINNING at a point on the southerly right of way lone of (New) U.S. Route 50, said point being an existing iron pin which is a common corner to property now or formerly in the name of Davis-Wilcox, Inc., and a distance of 30 feet from the centerline of the existing roadway; thence from said point of beginning and in a southeasterly direction along line of land of Davis-Wilcox, Inc., South 09 degrees 45’ 55ã East for a distance of 209.20 feet to a point;  thence in a southwesterly direction along line of land of Davis-Wilcox, Inc., South 80 degrees 14’ 05ã West for a distance of 40.00 feet to a point; thence continuing in a  southwesterly direction along line of land of Davis-Wilcox, Inc., South 35 degrees 10’ 05ã West for a distance of 138.00 feet to a point, said point being an existing iron pipe a common corner to land of Davis, Wilcox, Inc. and corner to land of Charles A. Roach; thence continuing in a southwesterly direction along line of land of Charles A. Roach, South 65 degrees 02’ 05ã West for a distance of 91.73 feet to a point which is common to land of Charles A. Roach and common corner to land of Ronald Alvin Hennen; thence in a northeasterly direction along line of land of Ronald Alvin Hennen, North 09 degrees 31’ 55ã West for a distance of 333.584 feet to a point on the southerly right of way line of (Old) U.S. Route 50, said point being a distance of 13.0 feet from the edge of the existing roadway; thence in a northeasterly direction along the southerly right of way line of (Old) U.S. Route 50, North 73 degrees 32’ 00ã East for a distance of 24.965 feet to a point at the intersection of the southerly right of way line of (Old) U.S. Route 50 with the southerly right of way line of (New) U.S. Route 50; thence in a northeasterly direction along the southerly right of way line of (New) U.S. Route 50 by an arc of a circle deflecting to the left having a radius of 2300.00 feet for an arc length of 159.812 feet to a point of tangency; thence continuing in a northeasterly direction along the southerly right of way line of (New) U.S. Route 50, North 80 degrees 14’ 05ã East for a distance of 40.152 feet to a point at the place of beginning, containing an area of 61,923.94 square feet or 1.4215 acres, more or less.

 

Also, all right, title and interest in the privilege of using a strip of land described as follows:

 

BEGINNING at a point on the southerly right of way line of U.S. Route 50, said point being a common corner to property of Davis-Wilcox, Inc.; thence in a northeasterly direction along the southerly right of way line of U.S. Route 50, North 80 degrees 14’ 05ã East for a distance of 14.60 feet to a point; thence running with the property of Davis-Wilcox, Inc. for the following two courses and distances:  South 09 degrees 45’ 55ã East for a distance of 100.00 feet, South 80 degrees 14’ 05ã West for a distance of 14.60 feet to a point on the line common to Davis-Wilcox, Inc. and land now or formerly of Wilson’s Market; thence in a northwesterly direction along said common line, North 09 degrees 45’ 55ã West for a distance of 100.00 feet to a point at the place of beginning.

 

LESS and EXCEPTING the following non-controlled access right of way, more particularly bounded and described as follows:

 

Beginning at a point in the proposed southern non-controlled access right of way line, said point being in the existing southern right of way line for U.S. Route 50 and 35 feet radially right of centerline station 47+42, Project U 354-50-3.80 Wood Co., thence northwesterly with said existing right of way line 5 feet, more or less, to a point, said point being 30 feet radially right of centerline station 47+42; thence northeasterly continuing with said existing right of way line 138 feet, more or less, to a point in the division line between Hazel M. Somerville and McDonald’s Corporation, said point being 30 feet right of and at a right angle to centerline station 48+80; thence southeasterly with said division line 5 feet, more or less, to a point in the proposed southern non-controlled access right of way line, said point being 35 feet right of and at a right angle to centerline station 48+80; thence southwesterly with said proposed southern non-controlled access right of way line, in reverse centerline direction 138 feet, more or less, to the place of beginning and containing 0.016 of an acre, more or less.

 

LESS and EXCEPTING the following property depicted as Tract 1 and Tract 2:

 

TRACT 1 ­ NONCONTROLLED ACCESS RIGHT OF WAY:

Beginning at a point in the division line between The Stables Motor Lodge Limited and McDonald’s Corporation, said point being in the northern proposed noncontrolled access right of way line of proposed County Route 50/24, and 446 feet right of and at right angle to proposed U.S. 50 centerline at Station 2542+52, Project X354-D-7.00 00,CHAP- 0282(101)C, situate in the District of Parkersburg, Wood County, West Virginia;

 

thence, northeasterly, with said proposed right of way line 57 feet, more or less, to a point in the division line between The Stables Motor Lodge Limited Partnership and McDonald’s Corporation, said point being 404 feet right of and at right angle to centerline at Station 2542+90;

 

thence, southerly, with said division line 40 feet, more or less, to a point 444 feet right of and at right angle to centerline at Station 2542+92;

 

thence, westerly, with said division line 40 feet, more or less, to the place of beginning, containing 802 square feet, more or less.

 

TRACT 2 ­ PERMANENT DRAINAGE EASEMENT

Beginning at a point in the division line between John C. Eagle and McDonald’s Corporation, said point being in the northern proposed permanent drainage easement line of proposed County Route 50/24, in the northern proposed noncontrolled access right of way line of proposed County Route 50/24 and 554 feet right of and at right angle to proposed U.S. 50 centerline at Station 2541+41, Project X354-D-7.00.00,  CHAP-0282(101)C  situate in the District of Parkersburg, Wood County, West Virginia;

 

thence, northwesterly, with said easement line 31 feet, more or less, to a point 524 feet right of and at right angle to centerline at Station 2541+30;

 

thence, northeasterly, with said easement line 222 feet, more or less, to a point in the northern proposed noncontrolled access right of way line of proposed County Route 50/24, said point being in the division line between The Stables Motor Lodge Limited Partnership and McDonald’s Corporation, and 368 feet right of and at right angle to centerline at Station 2542+86;

 

thence, southerly, with said division line and said proposed right of way line 38 feet, more or less, to a point 404 feet right of and at right angle to centerline at Station 2542+90;

 

thence, southwesterly, with said proposed right of way line 57 feet, more or less, to a point in the division line between The Stables Motor Lodge Limited Partnership and McDonald’s Corporation, said point being 446 feet right of and at right angle to centerline at Station 2542+52;

 

thence, southwesterly, with said division line and said proposed right of way line 131 feet, more or less, to a point common to and in the division line between The Stables Motor Lodge Limited Partnership, John C. Eagle, and McDonald’s Corporation, said point being 545 feet right of and at right angle to centerline at Station 2541+66;

 

thence, southwesterly, with said division line between John C. Eagle and McDonald’s Corporation 27 feet, more or less, to the place of beginning and containing 7,437 square feet, more or less.

 

Being the same property conveyed unto Melvin E. Somerville by McDonald’s Corporation, a Delaware corporation, by Quit Claim Deed dated November 30, 2004, and of record in the Office of the Clerk of the County Commission of Wood County, West Virginia in Deed Book 1075, at Page 838.

 

Said real estate having an address and being commonly known 3600 East Seventh Street, Parkersburg, WV  26104.

 

TOGETHER with all existing or subsequently erected or affixed buildings, improvements and fixtures;  all easements, rights of way, and appurtenances;  all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);  and all other rights, royalties, and profits relating to the real property, including without limitation any right, title and interest of Grantor in all minerals, oil, gas, geothermal and similar matters.

 

TERMS OF SALE SHALL BE AS FOLLOWS:

 

  1. Ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) percent of the purchase price to be paid cash in hand on day of sale, and the balance of the purchase price to be paid in full within thirty (30) days from and after the day of sale.

 

  1. The proceeds of said sale will be used for the payment of any and all costs, fees, and expenses of sale pursuant to said Deed of Trust and as otherwise authorized by the loan documentation pertaining to the obligation secured by said Deed of Trust and as authorized by law, then applied to the balance due on the obligation secured by the aforesaid Deed of Trust, and any obligations secured by liens subordinate and junior in priority to said Deed of Trust, in order of priority and in accordance with the terms thereof, and as otherwise authorized by law.

 

  1. The aforesaid real estate, and improvements and fixtures thereon, may be offered for sale in bulk, and/or by parcel, or combination of parcels, alternatively, at the discretion of the undersigned Successor Trustee, or his agent or attorney, and said real estate, improvements and fixtures are sold âas-is,ã âwhere-isã and âwith all faults.ã

 

  1. The undersigned Successor Trustee, acting in his own right or by his agent or attorney, reserves the right to reject any and all bids.

 

  1. The undersigned Successor Trustee, acting in his own right or by his agent or attorney, reserves the right to adjourn said sale from time to time by oral proclamation.

 

  1. Said sale shall be subject to the following:

 

  1. Real estate taxes and the lien therefor for the year 2016 and subsequent years, and any and all other assessments affecting said real estate.

 

  1. Any and all rights of way, easements, leases, exceptions, reservations, out conveyances, defects, encroachments, restrictive and protective covenants, and restrictions, including, but not limited to, zoning restrictions, affecting said real estate.

 

  1. Payment by the Purchaser of the excise tax on the transfer of real estate and costs of recording the Trustee’s Deed to the aforesaid real estate and Trustee’s Report of Sale.

 

  1. Any applicable requirements of Federal and State law, including, but not limited to, West Virginia Code Sections 38-1-16 and 38-1-17, and the rights of any and all bona fide tenants thereunder.

 

  1. Any and all rights of redemption of the Internal Revenue Service of the United States of America as permitted by law.

 

  1. Any and all unrecorded liens, defects and encumbrances, including, but not limited to, mechanics liens, the rights of parties in possession, errors in indexing and recording in the aforesaid Clerk’s Office and Wood County Sheriff’s Tax Office and Assessor’s Office, such matters as may be revealed by a survey and/or visual inspection of the above described real estate and improvements thereon, any defect in title due to the incompetency of any of the owners in the chain of title, whether because of age, insanity, incarceration or otherwise, any claim arising by reason of the operation of federal bankruptcy, State insolvency or similar creditorsá rights laws, and any matter not of record in said Clerkás Office, including such matters as may be revealed by inquiry extraneous to such records, including, without limitation, matters regarding the storage, dumping or contamination of said real estate with hazardous waste and substances as defined by federal and/or State legislation and regulation concerning such matters, planning, zoning and land and building use regulation and compliance, and compliance with building and fire codes, any and all matters pertaining to requirements of federal, state, county, municipal or governmental authority of any kind and nature as to the location and condition of the said real estate and/or improvements thereon, including, but not limited to, the location of said real estate in a designated flood plain area, and any and all prior reservations or conveyances of coal, oil, gas, and other minerals, together with any existing, unreleased leases of reserved or conveyed coal, oil, gas and other minerals, and the rights to remove same, together with the appurtenant drilling and mining rights, privileges, and immunities relating thereto.

 

Dated this 14th day of April, 2017.

 

Robert W. Full /s/

Successor Trustee

 

 

Apr 19, 26

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