NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Lazy Shadow Realty Company
1435-37 Market Street Wheeling, WV 26003
Lazy Shadow Realty Company
10 Brookside Avenue
Bridgeport, OH 43912
Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:
April 19, 2016, at
10:00 a.m.
at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Lazy Shadow Realty Co. to James C. Gardill, Trustee, by Deed of Trust dated August 28, 2003, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1208, at page 749, and being described as follows: (NOTE: The Exhibit A of this Deed of Trust included Second Parcel of Deed Book 521, Page 430. However, Second Parcel had been sold prior to the date of this lien.)
First Parcel – That certain piece or parcel of real estate situate at the northwest corner of Market Street and Alley 12, in the City of Wheeling, Ohio County, and State of West Virginia, being a part of Lot Numbered Twelve (12) in Square Numbered Seven (7) of what was laid out by Ebenezer Zane and called the Lower Town of Wheeling. The part of said lot hereby conveyed being bounded as follows: Beginning at the southeast corner of the part of said lot conveyed to the Germania Hall Association by Elizabeth Miller, and others, by Deed dated the 6th day of May, 1897, and recorded in the office of the Clerk of the County Court of said County of Ohio, in Deed Book No. 97, pages 156, 157, 158, 159 and 160, which corner is a point on the west line of Market Street, twenty-two (22) feet distant in a northerly direction from the northwest corner of said Alley 12 and said Market Street, thence westwardly parallel with the north line of said Alley 12 and binding on the south line of the aforesaid property conveyed to said Germania Hall Association eighty- eight feet and six and one-half inches (88 ft. – 6 ½ inches) to the western boundary line of a private alley, thence southwardly parallel with the west line of Market Street along the western line of said private alley twenty-two (22) feet to the northern side of said Alley 12, thence eastwardly in a straight line along said northern side of said Alley 12 eighty-eight (88) feet and six and one-half (6 ½) inches to the intersection of the west line of Market Street and the north line of Alley 12, thence northwardly along the west line of Market Street twenty- two (22) feet to the place of beginning. Excepting, nevertheless, the right to the use of said private alley (7 ft. wide) extending across the western end of the property hereby conveyed as mentioned and conveyed in said Deed to said Germania Hall Association.
Being the First Parcel of the property conveyed to Lazy Shadow Realty Company, a corporation organized and existing under and by virtue of the laws of the State of West Virginia, from Security National Bank & Trust Co., a National Banking Association, as Executor under the Last Will and Testament of Della Fette Miller, deceased, and Clarence William Fette, Jr., widower, by Deed dated December 18, 1970, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 521, Page 430.
Tax District: 10; Tax Map: W50D; Parcel: 70.
Property Address: 1435-37 Market Street, Wheeling, WV
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. Section 7424(d).
Given under my hand this 21st day of March, 2016.
/s/ James C. Gardill, Trustee
For information regarding sale, contact:
Andrew R. Thalman, Esquire, Counsel for Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int., Apr. 5, 12, 2016
235196