NOTICE OF
TRUSTEE’S SALE
Notice is hereby given that by virtue of the authority under that certain deed of trust executed by Jeffrey L. Mitchell and Carrie A. Mitchell, to John R. Lukens and Robert R. Harpold, Jr., Trustees dated January 3, 1997, and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1023, at page 469, by which was conveyed to said Trustee(s) the hereinafter described real estate to secure the payment of a certain promissory note set out and described therein, and default having been made in the payment of said note, the undersigned Substitute Trustee(s) having been appointed Substitute Trustee by an Appointment of Substitute Trustee dated September 17, 2019, and having been requested in writing by the holder of said note, will sell to the highest and best bidder on December 10, 2021 at 9:25 a.m., at the front door of the courthouse of Ohio County, West Virginia, the real estate conveyed by said deed of trust and situate in Wheeling District, Ohio County, West Virginia, together with easements, improvements and appurtenances thereunto belonging, and at the time of the signing of the Deed of Trust it was reported that the address was 2858 Warwood Avenue, Wheeling, WV 26003 and being more particularly bounded and described therein as follows:
All the following described parcel of real estate, situated in Richland- Country District, Ohio County, West Virginia, and more particularly bounded and described as follows, that is to say:
Beginning at a point in the center line of the present paving of West Virginia State Route Number Two at the northwesterly corner of a 837/1000 of an acre parcel of land now or formerly owned by the parties of the first part hereto, said point being located from the intersection of said center line with the southerly line of the 32 and 15/100 acre tract of land that was conveyed by Mary Elig, widow, et al., to Wheeling Coal Company, a Corporation, by Deed dated April 2, 1923, and recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 186, at page 586, the following eleven (11) bearings and distances: N. 10* 24′ W. 131 and 99/100 feet to a point; thence N. 10* 47′ W. 8 and 2/10 feet to a point; thence N. 11* 01′ W. 50 feet to a point; thence 10* 57′ W. 50 feet to a point; thence N 11* 03′ W. 50 feet to a point; thence N. 11* 19′ W. 100 feet to a point; thence N. 11* 34′ W. 50 feet to a point; thence N. 11* 46′ W. 50 feet to a point; thence N. 11* 54′ W. 50 feet to a point; thence N. 12* 03′ W. 50 feet to a point; thence N. 11* 57′ W. 146 and 18/100 feet to said beginning point; thence from said beginning point, and with the center line of the present paving of West Virginia State Route Number Two, the following two (2) bearings and distances: N. 11* 57′ W. 53 and 82/100 feet to a point; thence N. 10* 53′ W. 48/100 of a foot to a point at the southwesterly corner of a 905/1000 of an acre parcel of land now or formerly owned by the parties of the first part hereto; thence leaving said center line and with the southerly line of the said 905/1000 of an acre parcel, N. 79* 20′ E. 715 and 6/10 feet to a point in the westerly line of the lands now known as First Addition to Warwood Heights, a plat of same being recorded in said County Clerk’s Office in Plat Book 3, at page 3; thence leaving said 905/1000 of an acre parcel with said westerly line S. 01* 52′ E. 54 and 9/10 feet to a point at the northeasterly corner of said 837/1000 of an acre parcel; thence with the northerly line of said 837/1000 of an acre parcel, S. 79* 20′ W. 705 and 99/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Eight Hundred and Eighty-Six Thousandths (866/1000) of an acre, more or less.
There is also granted to the parties of the second part hereto, the right to use, renew, replace and maintain any sewers and water lines now connected to the dwelling located on the parcel of land herein described and passing through other lands now or formerly owned by the parties of the first part hereto, said sewers and water lines are to be used in common by both parties hereto, their heirs and assigns.
The above described 886/1000 of an acre parcel being subject to that part of the right of way for West Virginia State Route Number Two that is included within the boundary lines of the said 886/1000 of an acre parcel.
The said 886/1000 of an acre parcel being also subject to any and all exceptions, reservations and conveyances by former owners.
This sale is made subject to any special assessments, unpaid taxes, easements, conditions, reservations and restrictions affecting the aforesaid real estate.
The property will be conveyed in an “AS IS” condition by Deed containing no warranty, express or implied, subject to 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.
Pursuant to the terms of said deed of trust, the Substitute Trustee(s) may postpone the sale by public announcement at the time and place designated for the sale. The West Virginia Housing Development Fund or its designee may purchase the property at any sale.
The Substitute Trustees 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.
TERMS OF SALE: Ten percent (10%) of the purchase price as a cash deposit with the balance due and payable within 30 days of the day of the sale.
DATED this 15th day of November, 2021.
Pill & Pill, PLLC,
Substitute Trustee
BY:
Richard A. Pill, Member
304-263-4971
foreclosures@
pillwvlaw.com
Int. Nov. 26. Dec. 3, 2021