NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Helen J. Miller Estate
And Any Unknown Heirs
2792 Chapel Hill Road
a/k/a RD 2 Box 421
Triadelphia, WV 26059
Miller Family Trust &
Any Unknown Beneficiaries
2792 Chapel Hill Road
a/k/a RD 2 Box 421
Triadelphia, WV 26059
Current Tenants
2792 Chapel Hill Road
a/k/a RD 2 Box 421
Triadelphia, WV 26059
Internal Revenue Service
Centralized Lien Dept.
PO Box 145595
Cincinnati, OH 45250
State of West Virginia
State Tax/Compliance Div.
PO Box 229
Charleston, WV 25321
Equinor USA Onshore
Properties, Inc. f/k/a
Statoil USA Onshore Prop.
2107 City W. Blvd., Ste. 100
Houston, TX 77042
Chesapeake Appalachia
6100 N. Western Ave.
Oklahoma City, OK 73118
Chesapeake Appalachia
PO Box 18496
Oklahoma City, OK 73154
Jamestown Resources, LLC
PO Box 18756
Oklahoma City, OK 73154
Fortuna Energy, Inc.
203 Colonial Dr., Ste. 101
Horseheads, NY 14845
Belden & Blake Corp.
5200 Stoneham Road
North Canton, OH 44720
Canton Oil & Gas Co.
2500 Stoneham Road
PO Box 2500
North Canton, OH 44720
SWN Water Resources, Inc
10000 Energy Drive
Spring, TX 77389
SWN Exchange
Titleholder, LLC
Spring, TX 77389
SWN Production Co., LLC
10000 Energy Drive
Spring, TX 77389
Robyn Ruttenberg, Esq.
RUTTENBERG LAW OFFICES
30 Twelfth Street
Wheeling, WV 26003
Notice is hereby given that the undersigned Substitute Trustee, appointed by the Appointment of Substitute Trustee document dated September 6, 2022, and of record in the Office of the Clerk of the Commission of Ohio County, West Virginia, in Deed of Trust Book 1662, at Page 597, will sell at public auction to the highest bidder on:
Wednesday, October 12, 2022, at 10:00 a.m.
At 2792 Chapel Hill Road, a/k/a RD 2 Box 421, Triadelphia, WV 26059, that certain property conveyed by Helen J. Miller to Robyn Ruttenberg, Trustee, by Deed of Trust dated October 26, 2006, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1310, at Page 266, and being described as follows:
PARCEL NO. 1: A certain piece or parcel of land situated on the waters of Little Wheeling Creek in Ohio County, West Virginia, principally composed of a part of what was known as the Burkham farm, and the property hereby conveyed is bounded as follows: Beginning at a stake, a corner to Welshie, on the south-western side of a small run, said stake being located S. 2 degrees E. 5 feet from a double white walnut, Witness; thence with an agreed line between the parties hereto S. 25 degrees 40′ E. 40.12 poles crossing run to a marked Beech; thence S. 3 degrees ½ E. 56.66 poles to a marked Sugar tree on the east side of said run; thence crossing the run S. 17 degrees W. 50.87 poles to a stake in an original line between the Stewart and Burkham farms; thence with said line N. 72 degrees 22′ W. 105.20 poles to a stone corner to Hartlieb in fence corner; thence with Hartlieb N. 3 degrees 35′ E. 87.87 poles to a stone in the fence corner to Hartlieb; thence N. 76 degrees 10′ W. 53.39 poles to a corner to Housig; thence with his line N. 25 degrees 20′ E. 15.08 poles; thence N. 27 degrees 20′ E. 13.76 poles; thence N. 69 degrees 50′ E. 27.56 poles to a post at fence corner, a corner to Housig and Coen; thence with Coen’s line N. 72 degrees E. 28.96 poles to a point in the Chapel Run and Springer’s Hill County Road, a corner to Coen and Welshie; thence with Welshie’s line, N. 79 degrees E. 7.32 poles; thence S. 78 degrees ½ E. 49.63 poles to a marked Ash on the south side of a small run; thence down the south-west side of said run S. 38 ½ degrees E. 16.20 poles; thence S. 30 degrees E. 16.36 poles to the beginning. Containing One hundred and ten and Ninety-five one hundredths (110.95) acres, more or less, all bearings as of June, 1897.
Excepting nevertheless the coal underlying the surface of the above described property with the rights and privileges thereto as conveyed by Peter Boyd and his wife to the Elm Grove Coal Company by Deed dated the 4th day of May, 1903, and recorded in Deed Book 113, at page 56.
Excepting from Parcel No. 1 is the following described parcel of land situated in Richland District, Ohio County, West Virginia, along the east side of Chapel Hill road, bounded and described as follows:
Beginning at a point located in the center of said road at the northwest corner of Janet and William Sparks’ tract (D.B. 592, P. 331), the northeast corner of Charles R. Graham tract (D.B. 605, P. 428); thence running to points located in the center of said road the following four (4) lines:
N. 21 degrees 01′ 11′ E. 100.00 feet to a point; thence N. 26 degrees 08′ 42″ E. 100.00 feet to a point; thence N. 26 degrees 19′ 50″ E. 100.00 feet to a point; thence N. 27 degrees 18′ 44″ E. 20.22 feet to a point; thence leaving said road and running with lands remaining to Wilson B. Miller’s Parcel No. 1, the following two (2) lines: S. 65 degrees 53′ 23″ E. 433.19 feet set a ½ inch iron rod, passing through ½ inch iron rods set at 20.00 feet and at 151.40 feet; thence S. 22 degrees 13′ 24″ W. 310.71 feet set a ½ inch iron road in the line fence of said Sparks’ tract; thence running with said fence and said Sparks N. 67 degrees 05′ 41″ W. 446.68 feet to the place of beginning, passing through a ½ inch iron rod set at 426.68 feet containing 3.208 acres, more or less, as surveyed by Charles V. Eller, Land Surveyor, November 19, 1993 and shown on a plat attached hereto and made a part of this description.
Being the same property conveyed to Grant T. Elias and Rhonda Elias, his wife, by Wilson B. Miller and Helen J. Miller, his wife, by deed recorded in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 676, at page 623.
PARCEL NO. 2: The following parcel or tract of land situated in Richland District, Ohio County, West Virginia and more particularly bounded and described as follows: Beginning at a stone; corner to Hartlieb and Springer farms, thence N. 74 degrees W. 216.3 feet to a locust in the Hartlieb and Springer line; thence S. 28 degrees 20′ W. 906 feet to a Walnut; thence S. 33 degrees 25′ W. 472 feet to a stake in the Mundt and Hartlieb line; thence along the Mundt and Hartlieb line S. 72 degrees E. 890 feet (by and old bearing of a survey made by R. J. McCleery in 1907) to a post, corner to Mundt and Hartlieb; thence along Springer and Hartlieb line N. 4 degrees E. 1550.8 feet to the place of beginning. (Last line by McCleery survey as mentioned above), and containing Seventeen and seven tenths (17.7) acres, more or less.
Being the same two parcels of property conveyed to Wilson B. Miller and Helen J. Miller, his wife, by Florine M. Hoffman, widow, et al., by Deed dated the 16th day of February, 1981, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 600, at page 305.
Tax District: 4 Tax Map: R18 Parcel: 0011 0000 0000
Property Address: 2792 Chapel Hill R a/k/a RD #2 Box 421 Triadelphia, West Virginia 26058
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; and (5) the Substitute Trustee will deliver a Substitute 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.
Given under my hand this 9th day of September, 2022.
ANDREW R. THALMAN, Substitute Trustee
CONTACT INFORMATION:
Andrew R. Thalman, Esq.
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 Fourteenth Street
Wheeling, WV 26003
Phone: 304-232-6810
INT Sept. 28, Oct. 5, 2022