TRUSTEES’ SALE OF VALUABLE REAL ESTATE
32 Cherry Hill Rd, Wheeling, WV 26003
In a Deed of Trust dated February 28, 2020, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1598, at Page 19, Summer J. Long did convey unto J. CHRISTOPHER GARDILL, 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:
September 21, 2022
At 03:00 PM
The property for sale as described by the Deed of Trust is as follows:
The following lot or parcel of land situated on the southerly side of North Twenty-Second Street, east of Warwood Avenue, in the former Town of Warwood, now in the City of Wheeling, Richland District, Ohio County, West Virginia, and comprising an easterly portion of Lot No. Thirteen (13) as shown on the First Section of the Plat of Warwood, a Map of which is recorded in the Ohio County Plat Book No. 1, page 106, said parcel being more particularly bounded and described as follows:
Beginning at a stake in the northerly line of North Twenty-Second Street (formerly called Cherry Avenue), at its intersection with the division line between Lots No. 13 and 14; thence with the division line between Lots No. 13 and 14, S.5 degrees 10′ E. 65 feet to a stake; thence leaving said division line, S. 83 degrees 11′ W. 15 and 77/100 feet to a stake in the southeasterly extension of the centerline of the partition wall dividing the frame dwelling now standing on the northerly part of Lot No. 13 and now known as 92 North Twenty-Second Street; thence with said extension and with the center line of the partition wall and its northwesterly extension, N. 5 degrees 38′ W. 66 and 92/100 feet to a stake in the southerly line of North Twenty-Second Street; thence leaving said partition wall and with the southerly line of North Twenty-Second Street, N. 89 degrees 56′ E. 16 and 37/100 feet to the place of beginning.
There is also granted to the Party of the Second Part hereto the right to use the present concrete sidewalk, two feet wide, as now located on the westerly part of Lot No. 13, not herein conveyed, extending from the southerly line of North Twenty-Second Street to the westerly line of the parcel of land herein conveyed; said concrete walk is to be used in common by the Party of the Second Part hereto and the owners of all parts of Lot No. 13, their tenants, heirs, executors, administrators, and assigns, for pedestrian purposes only..
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 $8,000.00 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, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” 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. July 14, 21, 2022