NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Trustee, Richard A. Pill, by that certain Deed of Trust dated July 30, 2008, executed by Borrower(s), Delores Darlene Peake and Randall G Peake, to Richard A. Pill, the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1358, at Page 392. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 223 29th St, Wheeling, WV 26003. The borrower(s) defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on the following date:
October 21, 2022 at
1:02 P.M.
PARCEL ONE That certain lot or parcel of real estate situated m the Sixth Ward of the City of Wheeling, Webster District, Ohio County, West Virginia, and being more particularly bounded and described as follows: Commencing at a stake in the east line of the lot or parcel of ground (shown as lot number Thirteen (13) on the plat hereinafter mentioned) that was conveyed by Dominick Jebbia and Agnelina Jebbia to Frank Woods, by deed bearing date the 30th day of June, 1924, said stake being also located N. 35 degrees 45` E. 25 and 14/100 feet from the southeast corner of said lot number Thirteen (13); thence with the east line of same N. 35 degrees 45` E. 127 and 38/100 feet to a stake, thence S. 74 degrees 53` E. 53 and 43/100 feet to a stake at the northwest corner of the lot or parcel of ground (shown as lot number Fifteen (15) on the plat hereinafter mentioned) that was conveyed by Dominick Jebbia and wife to Robert Thomas and Rose Thomas, his wife, by deed bearing date the 30th day of June, 1924, thence with the westerly line of same S. 35 degrees 45` W. 140 and 89/100 feet to a stake in the northerly line of a twenty-five (25) foot street, thence with the same N. 60 degrees 19` W. 50 and 28/100 feet to the place of beginning. There is excepted from the lot hereby conveyed all the coal underlying the same. The parcel of ground hereby conveyed comprises lot number Fourteen (14), as shown on the plat, made by Orion Koller, Surveyor, in June, 1924, of the subdivision of the property which was conveyed by Elizabeth Wright, unmarried, to Dominick Jebbia, by deed dated the 12th day of March, 1918, and recorded in said Clerk`s office, in Deed Book No. 161, at page 329. There is also granted to the parties of the second part, their heirs, executors, administrators and assigns, the right to use, for road and street purposes, in common with the other parties lawfully entitled to use the same, their heirs, executors, administrators and assigns, as well as in common with the owners of other adjoining properties, the following parcel of ground, being more particularly bounded and described as follows: Commencing at a stake in the north line of Twenty-ninth Street, located S. 54 degrees 15` E. 67 feet from an iron fence post located at the southeast corner of the parcel of ground that was conveyed by John J. Wright, widower, to James J. Bell, by deed dated the 4th day of May, 1905, and recorded in the office of the Clerk of the County Court of Ohio County, in Deed Book No. 119, at page 239, said stake being also located at the southwest corner of the eight (8) foot strip of ground that was conveyed by D Spadaro Jebbia to Dominick Jebbia by deed dated June 30th, 1924, thence with the westerly line of same N. 35 degrees 45` E. 115 feet to a stake at the southeast corner of the parcel of ground (shown as Lot number Nine (9) on the plat made by Orion Koller, Surveyor, June, 1924), of the subdivision of the property that was conveyed by Elizabeth Wright, unmarried, to Dominick Jebbia, that was conveyed by Dominick Jebbia and wife to D. Spadaro Jebbia, by deed dated June 30, 1924; thence with the lines of same N. 35 degrees 45` E. 10 feet to a stake; thence N. 1 degree 34` W. 9 and 84/100 feet to a stake, thence N. 60 degrees 19` W. 44 and 28/100 feet to a stake located at the northeast corner of the parcel of ground shown as lot number Eight (8) on said plat; that was conveyed by Dominick Jebbia and wife to John J Bell, by deed dated June 30th, 1924; thence with the northerly line of same N. 60 degrees 19` W. 50 and 28/100 feet to a stake located at the southeast corner of the parcel of ground (shown as lot number Thirteen (13) on the said Plat) that was conveyed by said Dominick Jebbia and wife to Frank Woods, by deed dated June 30th, 1924; thence with the easterly line of same N. 35 degrees 45` E. 25 and 14/100 feet to a stake located at the southwest corner of the parcel of ground (shown as lot number Fourteen (14) on the said plat) that was conveyed by Dominick Jebbia and wife to Christ Jebbia by deed dated June 30, 1924, thence with the southerly line of the same and its extension S. 60 degrees 19` E. 100 and 56/100 feet to the southwest corner of the parcel of ground (shown as lot number Sixteen (16) on said plat) described as the second parcel in the deed dated June 30th, 1924, made by Dominick Jebbia and wife to Alexander J Crock and wife; thence with the southerly line of same and its extension S. 60 degrees 19` E. 100 and 56/100 feet to a stake, thence N. 60 degrees 19` W. 25 and 14/100 feet to a stake located at the northeast corner of the parcel of ground (shown as Lot Number Eleven (11) on said plat); thence with the northerly line of same N. 60 degrees 19` W. 25 and 14/100 feet to a stake located at the northeast corner of the parcel of ground (shown as lot number Ten (10) on said plat) described as the First Parcel in the deed dated June 30th, 1924, made by said Dominick Jebbia and wife to Alexander J. Crock, and wife; thence with the lines of same N. 60 degrees 19` W. 44 and 28/100 feet to a stake, thence S. 65 degrees 41` W. 11 and 95/100 feet to a stake, thence S. 35 degrees 45` W. 10 feet to a stake located at the northeast corner of the four (4) foot strip of ground that was conveyed by Alexander J Crock and wife to Dominick Jebbia, by deed dated June 30th, 1924, thence with the easterly line of same S. 35 degrees 45` W. 115 feet to a stake in the north line of Twenty-ninth Street, thence with the same N. 54 degrees 15` W. 12 feet to the place of beginning.
PARCEL TWO That certain lot or parcel of real estate situated in the Sixth Ward of the City of Wheeling, Webster District, Ohio County, West Virginia, and being more particularly bounded and described as follows: Beginning at a point on the northerly line of what is designated as a twenty-five foot street, as the same is shown and designated on the plat of the Dominick Jebbia property, prepared by Orion Koller, Surveyor, in June, 1924, where said northerly street line is intersected by the line which forms the easterly boundary line of that portion of the said Dominick Jebbia property, designated as lot No 13 on said plat, which was conveyed by Dominick Jebbia and wife to Frank Woods, by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office in Deed Book No 195, at page 443, said easterly boundary line of said lot No. 13 being also the westerly boundary line of that portion of said property designated as lot No. 14 on said plat, and which was conveyed to Christ Jebbia by Dominick Jebbia and wife, by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office in Deed Book No. 195, at page 221, thence with said division line between said lots No. 13 and 14, formerly the properties of said Frank Woods and Christ Jebbia, N. 35 degrees 45` E. 127 38 feet to the rear or northerly line of said Lots No. 13 and 14 as aforesaid, thence with said rear of northerly line of said lot No. 13 N. 74 degrees 53` W. a distance of ten feet to a point, thence in a southwesterly direction a distance of 127 feet, more or less, to the point of beginning, forming a triangular strip running ten feet along the rear line of said lot No. 13 and extending in a southerly direction to the north line of said twenty-five foot street and being part of the same property which was conveyed to Frank Woods and Elnora E. Woods, his wife, by Dominick Jebbia, by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office in Deed Book No. 195, at page 443, and the same property granted and conveyed to the said Christ Jebbia by Frank Woods and wife by deed dated the 25th day of April, 1925, and recorded in said Clerk`s office in Deed Book No 200, at page 416.
PARCEL THREE That certain lot or parcel of real estate situated in the Sixth Ward of the City of Wheeling, Webster District, Ohio County, West Virginia, and being more particularly bounded and described as follows: Beginning at a point on the northerly line of what is designated as a twenty-five foot street, as the same is shown and designated on the Plat of the Dominick Jebbia property, prepared by Orion Koller, surveyor, in June, 1924, where the said line is intersected by the line which forms the boundary line between those portions of the Dominick Jebbia property designated on said plat as Lots Nos 14 and 15 (said lot No. 14 having been conveyed by Dominick Jebbia and wife to Christ Jebbia, by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office in Deed Book No. 195, at page 221, and said lot No. 15 having been conveyed by Dominick Jebbia and wife to Robert Thomas and Rose Thomas, his wife, by deed of like date, and now of record in said Clerk`s office, in Deed Book No. 195, at page 519), thence S. 60 degrees 19` E. with the northerly line of the street aforesaid, which is also the southerly line of the said lots Nos. 14 and 15, a distance of three feet to a point, thence in a northerly direction to a point in the division line between said lots Nos. 14 and 15, formerly of Christ Jebbia and Robert Thomas, which is fifty feet from the northerly line of said twenty-five foot street; thence with said division line between said lots Nos. 14 and 15, S. 35 degrees 45` E. 50 feet to the point of beginning in the northerly line of said twenty-five foot street aforesaid, being a small triangular strip or parcel of ground fronting three feet on the northerly side of said twenty-five foot street, and extending in a northerly direction to a point 50 feet north of the north line of said street, as aforesaid, and being a part of the tract or parcel of the Dominick Jebbia property, designated as Lot No 15, and which was conveyed to Robert Thomas and Rose Thomas, his wife, by Dominick Jebbia and wife by deed bearing date the 30th day of June, 1924, and now of record in said County Clerk`s office, as aforesaid, and being the same property granted and conveyed by Robert Thomas and wife to Christ Jebbia by deed dated the 25th day of April, 1925, and of record in said Clerk`s office in Deed Book No. 200, at page 415. There is excepted from this conveyance, however, that part of Lot No 14 which was conveyed by Christ Jebbia and wife, to Robert Thomas and wife, on the 25th day of April, 1925, by deed which is now of record in said Clerk`s office in Deed Book No 201, at page 148, and which is more particularly bounded and described as follows: Commencing at a point in the northerly line of the property owned by Dominick Jebbia and where said northerly line is intersected by the line which forms the boundary line between those portions of said Jebbia property designated as Lots Nos. 14 and 15, on the aforesaid plat (said lot No. 14 having been conveyed by Dominick Jebbia and wife to Christ Jebbia by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office in Deed Book No. 195, at page 221, and said lot No 15 having been conveyed by Dominick Jebbia and wife to Robert Thomas and Rose Thomas, his wife, by deed of like date, and now of record in said Clerk`s office in Deed Book No. 195, at page 519); thence with the said rear line of said Lot No. 14, which is also a part of the northerly line of what was formerly the Jebbia property, N. 74 degrees 53` W. a distance of seven (7) feet to a point, thence in a southwesterly direction in a line intersecting the division line between said lots Nos. 14 and 15, at a point fifty (50) feet north of the southerly line of said lots, which southerly line of said lots is also the northerly line of the twenty-five (25) foot street, shown on the plat aforesaid; thence N. 35 degrees 45` E. and with the division line between said lots designated as Nos. 14 and 15 conveyed to the aforesaid parties by Dominick Jebbia and wife, a distance of ninety (90) feet, more or less, to the point of beginning, being a small triangular strip or parcel of ground, running seven (7) feet in width along the rear line of said lot No. 14 and extending in a southerly direction to a point fifty (50) feet north of the north line of said twenty-five (25) foot street and being part of the tract or parcel of the Dominick Jebbia property, designated as lot No. 14, and which was conveyed to Christ Jebbia by Dominick Jebbia and wife, by deed bearing date the 30th day of June, 1924, and now of record in said Clerk`s office, as aforesaid. This conveyance is made upon the express condition, and the parties of the second part, for themselves, their heirs, executors, administrators and assigns, covenant with the party of the first part that any buildings erected upon the parcels of ground hereby conveyed shall be used for residence purposes only, and that they will not erect any building or structure whatsoever, excepting an open porch, piazza or stoop, on that portion of said property hereby conveyed, that is within forty feet from the southern line of said property, said southerly line of said property being also the northerly line of a twenty-five foot street, hereinbefore described, and shown on the said plat made by Orion Koller, surveyor, in June, 1924, of the subdivision of the property which was conveyed by Elizabeth Wright, unmarried, to Dominick Jebbia, by deed dated the 12th day of March, 1918, and recorded in said Clerk`s office in Deed Book No 161, at page 329
Being the same property conveyed to Delores Darlene Peake and Randall G Peake by the Deed dated July 30, 2008 and recorded in Deed Book 787 at Page 44 in the Office of the Clerk of the County Commission of Ohio County, West Virginia.
TERMS OF SALE:
1) The property will be conveyed in an “AS IS” physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens,
reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk’s office or affecting the subject property.
2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11-22-1.
3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale.
4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.
5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
6) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale.
BY:
Richard A. Pill, Member
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@pillwvlaw.
com
Richard A. Pill, Trustee
Int. Sep 1, 8, Oct 7, 14, 2022