NOTICE OF
SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Estate of Connie L. Wildern and any
Unknown Heirs
9971 National Road
Valley Grove, WV 26060
Estate of Connie L.
Wildern and any
Unknown Heirs
RD 2, Box 62A
Valley Grove, WV 26060
Fred E. Wildern, III
9971 National Road
Valley Grove, WV 26060
Fred E. Wildern, III
RD 2, Box 62A
Valley Grove, WV 26060
Notice is hereby given that the undersigned Substitute Trustee, appointed by document dated May 4, 2016, and of record in the Office of the Clerk of the Ohio County Commission in Deed of Trust Book 1523, at page 636, will sell at public auction to the highest bidder on:
Thursday, June 9, 2016, at 10:00 a.m.,
at the front door of the 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Fred E. Wildern, III and Connie L. Wildern, his wife, to Mark Thomas and Susan L. Petrella, Trustees, by Deed of Trust dated July 29, 2003, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1203, at page 128, and being described as follows:
PARCEL I: All that certain lot or parcel of land situate on the northerly side of the National Road, east of what is known as the Lewis or Sonda Bridge, in Liberty District, Ohio County, West Virginia, bounded and described as follows:
Beginning at a stake located N. 30* 1′ E. (all bearings being of the meridian of 1923) eight hundred fifty (850) feet from a concrete post situated about one hundred fifty (150) feet in a northeasterly direction from the northerly abutment at the easterly end of said Lewis and Sonda Bridge, and about two (2) feet northwardly from the edge of the concrete road bed of said National Road; thence N. 36* 1′ E. fifty (50) feet to another stake; thence turning a right angle, N. 53* 59′ W. two hundred twenty-two (222) feet to a stake; thence S. 36* 1′ W. fifty (50) feet to a stake; thence S. 53* 59′ E. two hundred twenty-two (222) feet to the place of beginning; being a parcel of land fronting fifty (50) feet on the northerly side of the National Road and extended back northwardly of even width two hundred twenty-two (222) feet and being Lot Numbered Eighteen (18) of an addition laid out by Carl S. Winter and M. Isabell Winter, his wife, of Ohio County, West Virginia, called Twin Pines, which has not yet been recorded; but this conveyance is subject, however, to whatever rights the State of West Virginia or other municipal authority having control of or authority over the National Road has acquired over the front or southeasterly twenty-two (22) feet of said parcel of land for use as part of said National Road.
Excepting, however, all of the coal of the Pittsburgh or River vein, underlying the aforesaid property, which has heretofore been sold and conveyed, together with the mining rights as set forth in the Deed of Morrow L. Lewis and Lizzie Lewis, his wife, to Carl S. Winter and M. Isabell Winter, his wife, dated October 29, 1921, and recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 179, at page 65.
PARCEL II: All that certain piece or parcel of land situate on the northerly side of the National Road, east of what is known as the Lewis or Sonda Bridge, in Liberty District, Ohio County, West Virginia, and bounded and described as follows:
Beginning at a stake located N. 32* 44′ E. twenty-five (25) feet eastwardly from a point which has been established and located as N. 36* 1′ E. (All bearings being of the meridian of 1923) eight hundred (800) feet from a concrete post situate about one hundred fifty (150) feet in a northerly direction from the northerly abutment at the easterly end of the said Lewis or Sonda Bridge, in said Liberty District, Ohio County, West Virginia, and about two (2) feet northwardly from the edge of the concrete roadbed of said National Road; thence N. 32* 44′ E. twenty-five (25) feet to a stake, which said stake is further identified as the southeasterly corner of the property that was conveyed to J. Elmer Gray and Roberta A. Gray, his wife, by Carl S. Winter and M. Isabell Winter, his wife, by Deed dated June 6, 1924, and recorded in the Clerk’s office aforesaid in Deed Book No. 195, at page 539; thence turning at right angles N. 53* 59′ W. two hundred twenty-two (222) feet; thence S. 36* 1′ W. twenty-one (21) feet nine (9) inches, to a stake; thence about S. 53* 59′ E. or in a straight line from said last-mentioned stake two hundred twenty-two feet (222′) to the point of beginning.
This conveyance is subject, however, to whatever rights or privileges the State of West Virginia or other municipal authority having control of or authority over the National Road has acquired over the front or southeasterly twenty-two (22) feet of said parcel of land for use of the said National Road.
Excepting, however, all of the coal of the Pittsburgh or River vein underlying the above-described property or as hereinbefore described which has heretofore been sold or conveyed, together with the mining rights reserved and set forth in the Deed of conveyance for said coal.
This piece or parcel of land hereby conveyed is supposed to be the easterly one-half of what is known and designated as Lot Number Seventeen (17) on a plan of lots as laid out by Carl S. Winter and wife, but said plan or plat of said Twin Pines has not to date been recorded or filed for record in the Office of the Clerk of the County Court of Ohio County, West Virginia, and reference being hereby made to said plat is for identification only of said land herein described, provided said plat is ever recorded.
Being the same property conveyed to Connie L. Wildern by Rosalie Deangelis, by deed dated June 17, 1997, and recorded in Ohio County Deed Book 699, at page 129. The said Connie L. Wildern died March 18, 2014.
Tax District: 08 Valley Grove; Tax Map: VG2;
Parcel: 8.
Property Address: RD 2, Box 62A, Valley Grove, WV 26060.
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 way, easements, conditions, covenants, restrictions, leases and other servitudes 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 Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property; (5) the Substitute 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 Substitute 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 Substitute 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 11th day of May, 2016.
/s/ JAMES C. GARDILL, Substitute Trustee
CONTACT INFORMATION:
Andrew R. Thalman, Esquire, Counsel
for Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. May 26, 2016
Int. June 2, 2016
235367