Ohio

Public Notice

TRUSTEE’S SALE OF VALUABLE
REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated December 15, 2014, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Document No. 19574688, in Book No. 1496, at Page 195, Daniel Eli Zornes did convey unto Marc J. Slotnick, Bailey & Wyant, P.L.L.C, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated December 14, 2015 and recorded in the aforesaid Clerk’s office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by USAA Federal Savings Bank to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse in Wheeling, West Virginia, on
July 15, 2016 at
11:30 AM
the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in the City of Wheeling, Warwood District, Ohio County, West Virginia, and more particularly described as follows:

CERTAIN PARCELS OF REAL ESTATE SITUATED IN THE CITY OF WHEELING, WARWOOD DISTRICT, OHIO COUNTY, WEST VIRGINIA, AND BEING, MORE PARTICULARLY DESCRIBED AS THE FOLLOWING: FIRST PARCEL: LOT NUMBERED FIVE (5), AS SHOWN AND DESIGNATED ON THE PLAT OF GLENNOVA, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK 1, AT PAGE 71, SAID LOT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF HAZLETT AVENUE, SAID POINT BEING TO THE NORTHWEST CORNER OF LOT NUMBERED SIX (6) AND THE SOUTHWEST CORNER OF LOT NUMBERED FIVE (5) SHOWN ON SAID PLAT; THENCE RUNNING IN AN EASTERLY DIRECTION WITH THE NORTH LINE OF SAID LOT NUMBERED SIX (6) AND THE SOUTH LINE OF SAID LOT NUMBERED FIVE (5) 101 FEET TO A POINT, WHICH POINT IS 101 FEET MEASURED IN A WESTERLY DIRECTION FROM THE SOUTHEAST CORNER OF LOT NUMBERED NINETY-TWO (92), SHOWN ON SAID PLAT, AND THE JUNCTION OF THE NORTHERLY LINE OF A FIFTEEN FOOT ALLEY AND THE WESTERLY LINE OF HESS AVENUE, SHOWN ON SAID PLAT; THENCE RUNNING IN A NORTHERLY DIRECTION AT RIGHT ANGLES TO THE LAST MENTIONED LINE 30 FEET TO A POINT IN A SOUTHERLY LINE OF LOT NUMBERED FOUR (4) SHOWN ON SAID PLAT; THENCE RUNNING IN A WESTERLY DIRECTION WITH THE SAID SOUTHERLY LINE OF LOT NUMBERED FOUR (4) 96.4 FEET, MORE OR LESS, TO THE EAST LINE OF SAID HAZLETT AVENUE, AND THENCE RUNNING IN A SOUTHERLY DIRECTION WITH THE EAST LINE OF HAZLETT AVENUE AND THE WEST LINE OF SAID LOT NUMBERED FIVE (5) 30.34 FEET TO THE BEGINNING, TOGETHER WITH THE BUILDING SITUATED THEREON AND THEREUNTO BELONGING. THE COAL UNDERLYING SAID PROPERTY, WITH THE MINING RIGHTS AND PRIVILEGES, ARE EXCEPTED AND RESERVED AND NOT HEREBY CONVEYED. THIS CONVEYANCE IS SUBJECT, HOWEVER, TO THE COVENANTS, PROVISIONS, AND AGREEMENTS MENTIONED AND CONTAINED IN THE DEED FROM WHEELING IMPROVEMENT COMPANY, A CORPORATION, TO JULIA E. JOHNSON, BY DEED DATED THE 16TH DAY OF OCTOBER, 1902, AND RECORDED IN SAID CLERK’S OFFICE IN DEED BOOK 110, AT PAGE 35, WITH REFERENCE TO PROHIBITING THE SALE AND KEEPING FOR SALE OF SPIRITUOUS LIQUORS, WINES, OR BEER, AND ALSO WITH THE REFERENCE TO A TWENTY (20) FOOT BUILDING LINE, MEASURED FROM FRONT LINE OF SAID LOT. SECOND PARCEL: PART OF LOT NUMBERED FOUR (4) AS SHOWN AND DESIGNATED ON THE PLAT OF GLENNOVA, WHICH PLAT IS RECORDED IN THE OFFICE OF THE CLERK COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK NO. 1, AT PAGE 71, SAID PART OF SAID LOT BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING FOR THE SAME AT THE NORTHWEST CORNER OF SAID LOT NUMBERED FOUR (4); THENCE RUNNING IN AN EASTERLY DIRECTION WITH THE NORTHERLY LINE OF SAID LOT, 93.8 FEET TO A POINT; THENCE RUNNING IN A SOUTHERLY DIRECTION ACROSS SAID LOT PARALLEL WITH THE EASTERLY LINE THEREOF, THIRTY (30) FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT; THENCE IN A WESTERLY DIRECTION WITH THE SOUTHERLY LINE OF SAID LOT, 98.4 FEET TO A POINT IN THE EASTERLY LINE OF HAZLETT AVENUE, WHICH POINT IS THE SOUTHWEST CORNER OF SAID LOT; THENCE IN A NORTHERLY DIRECTION WITH THE EASTERLY LINE OF HAZLETT AVENUE AND THE WESTERLY LINE OF SAID LOT 30.34 FEET TO THE PLACE OF BEGINNING. THERE IS ALSO GRANTED TO THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, THE RIGHT AND EASEMENT TO INSTALL, CONSTRUCT, MAINTAIN, AND REPAIR A GAS LINE ALONG THE SOUTHERLY THREE (3) FEET OF THE EASTERLY PORTION OF SAID LOT NOT HEREIN CONVEYED, AND IT IS AGREED BETWEEN THE PARTIES HERETO THAT ANY EXPENSE FOR REPAIRS TO SAID GAS LINE IS TO BE BORNE JOINTLY BY THE SAID PARTIES HERETO WHERE THE USE THEREOF IS A JOINT USE, AND WHERE IT IS THE SEPARATE USE OF THE SAID PARTY OF THE SECOND PART, THE EXPENSE OF SAID REPAIRS IS TO BE HOME BY SAID PARTY OF THE SECOND PART ALONE. THE SAID PARTIES OF THE FIRST PART DO FURTHER GRANT TO THE SAID PARTY OF THE SECOND PART, HIS HEIRS AND ASSIGNS, THE RIGHT TO CONNECT WITH THE PRESENT WATER SERVICE LINE ACROSS SAID LOT NUMBERED FOUR (4) OF THE CITY OF WHEELING AND INSTALL, MAINTAIN, AND REPAIR A SERVICE LINE FROM SAID WATER LINE TO THE PROPERTY HEREINABOVE CONVEYED, WITH THE MAINTENANCE AND REPAIR THEREOF TO BE AT THE SOLE EXPENSE OF THE SAID PARTY OF THE SECOND PART. THE COAL UNDERLYING SAID PROPERTY, WITH THE MINING RIGHTS AND PRIVILEGES, ARE EXCEPTED AND RESERVED AND NOT HEREBY CONVEYED. IT IS HEREBY COVENANTED, PROVIDE, AND AGREED THAT THE SAID SECOND PARTY, HIS HEIRS AND ASSIGNS, SHALL NEVER PERMIT THE SAID PROPERTY OR ANY PART OF IT TO BE USED AS A PLACE OF SELLING SPIRITUOUS LIQUORS, WINE, OR BEER AND IN THE EVENT THAT THE COVENANT BEING VIOLATED, THEN AND IN EVERY SUCH CASE THE PROPERTY SO USED SHALL REVERT AND BE VESTED IN FEE OF THE FIRST PARTIES. IT IS FURTHER COVENANTED, PROVIDED, AND AGREED THAT SAID SECOND PARTY, HIS HEIRS AND ASSIGNS, SHALL NOT ERECT ANY BUILDING, EXCEPTING AN OPEN PORCH, OPEN PIAZZA, OR STOOP UPON SAID PROPERTY THE MAIN FRONT OF WHICH IS NEARER THAT TWENTY FEET TO THE FRONT LINE OF SAID LOT. THIS CONVEYANCE IS SUBJECT TO A CERTAIN RIGHT-OF-WAY AND EASEMENT WHICH IS MORE PARTICULARLY SET FORTH IN AN AGREEMENT BETWEEN LOUIS M. GREINER AND MARTHA J. GREINER, HIS WIFE, AND A.L. FRETZ AND BERTHA F. FRETZ, HIS WIFE, BEARING DATE ON THE 31ST DAY OF MAY, 1956, AND OF RECORD IN DEED BOOK NO. 380, AT PAGE 467 IN THE AFORESAID CLERK’S OFFICE, TO WHICH AGREEMENT REFERENCE IS HEREBY MADE FOR A MORE SPECIFIC DESCRIPTION OF SAID EASEMENT.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 2616 Hazlett Ave, Wheeling, WV 26003.

The referenced real estate will be conveyed with no covenants of warranty, and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamp to be affixed to the deed). The purchasers shall be responsible for payment of all real estate taxes.

The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

TERMS: $8,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale.

FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.

Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.

SENECA
TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 37650
Int. June 27, July 4, 2016

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