NOTICE OF
SUCCESSOR
TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust dated April 12, 2004, made, executed, and granted by TED N. ALLEN and JILL F. ALLEN to LISA M. SCHMITT as Trustee for the benefit of WESBANCO BANK, INC. (the “Secured Party”), and recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 1231, at Page 645 (the “Deed of Trust”), default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated August 19, 2019, and recorded in the aforesaid Clerk’s office in Deed of Trust Book 1653, at Page 495, the undersigned Successor Trustee will sell the real estate described on the attached EXHIBIT A (the “Property”) at public auction to the highest bidder on
TUESDAY, SEPTEMBER 20, 2022 AT 10:00 A.M.
(Continued from Friday, July 15, 2022, at 10:00 a.m.)
on site at 25 Ridgewood Avenue, Wheeling, West Virginia 26003.
EXHIBIT A DESCRIPTION OF PROPERTY
The following described real estate located in the City of Wheeling, Ohio County, West Virginia, to wit:
All of Lot Numbered Sixty (60), according to the “Map of Beech Glen Addition No. 1,” which plat is recorded in Ohio County Plat Book 2, page 30, to which reference is made for a more particular description of said real estate.
Being the same property conveyed to Ted N. Allen and Jill F. Allen, husband and wife, by deed from Edwin F. Ross and Virginia K. Ross, his wife, dated June 1, 1977, and recorded in Ohio County Deed Book 575, at page 577.
The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the property described herein; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. Section 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property
taxes upon the property, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any.
TERMS OF SALE:
1. A buyer’s premium equal to ten percent (10%) of the successful bid (“Buyer’s Premium”) will be added to the successful bid amount to determine the contract sale price (the “Contract Sale Price”) for the Property.
2. Cash in hand on the day of sale. The successful bidder shall tender a NON-REFUNDABLE deposit equal to ten percent (10%) of the Contract Sale Price to the Successor Trustee by certified or cashier’s check or electronic fund transfer payable to the Successor Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the Contract Sale Price must be paid to the Successor Trustee by certified or cashier’s check or electronic fund transfer no later than thirty (30) days after the date of sale. Time is of the essence.
3. Upon conclusion of the sale, the purchaser shall executed a Memorandum of Sale reflecting the sale of the Property and the purchase price. Time is of the essence.
4. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor Trustee may either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages, (b) convey the Property to the next highest bidder if such bidder will honor his, her or its bid, or (c) proceed to resell the Property pursuant to the aforesaid Deed of Trust. In the event of such a default the defaulting purchaser shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.
5. The Secured Party reserves the right to bid on the Property at the sale, which bid may be in the form of a credit bid.
6. The Property may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
7. The Successor Trustee reserves the right to accept or reject any bids.
8. The Property will be sold subject to any and all assessments and taxes against said property; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.
9. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code Section 11-22-2 and all other settlement costs and costs incidental to transfer of the Property. Taxes and all other public charges and assessments outstanding against the Property shall be paid by purchaser at settlement.
10. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Property.
11. The Property is sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the real estate, fitness of the Property for any particular purpose, or the title to the real estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the Property as they deem necessary prior to bidding on the Property.
12. The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Property and to any governmental requirements affecting the same. The Property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting the Property, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Property.
13. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by West Virginia Code Section 38-1-6 upon receipt of the Contract Sale Price in good and available funds.
14. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Property, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in his sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.
15. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Property to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Property may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code Section 38-1-16.
16. The Successor Trustee shall be under no duty to cause any items of personal property remaining at the Property following the sale to be removed therefrom. The purchaser shall be responsible for compliance with all applicable laws in the disposal of any such items of personal property, including West Virginia Code Section 38-1-17, to the extent such statute applies.
17. The Successor Trustee reserves the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described herein.
18. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale of the Property, including, but not limited to, these Terms of Sale.
Given under my hand this 15th day of July 2022.
/s/ Robert J. Dobkin
ROBERT J. DOBKIN
Successor Trustee
Spilman Thomas & Battle, PLLC
P. O. Box 831
Wheeling, West Virginia 26003
(304) 230-6959
Int. Aug 30, Sep 6, 2022