TRUSTEES’ SALE OF VALUABLE REAL ESTATE
2084 Clearview Ave, Wheeling, WV 26003
In a Deed of Trust dated June 17, 2008, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1356, at Page 43, Melissa D. Sparks and Ryan E. Sparks did convey unto CAPITAL FUNDING TITLE AGENCY, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia 26003 on:
November 30, 2022
At 12:00 PM
The property for sale as described by the Deed of Trust is as follows:
All the following parcel of land situate near the waters of Short Creek, Richland-Washington District, (formerly Richland District), Ohio County, West Virginia and being more particularly bounded and described as follows:
Beginning at a point at the intersection of the easterly line of the herein described parcel with the southerly line of the 225 acre tract of land now or formerly Ridge Crest Farm, said beginning point being located S. 64 degrees 28` W. 338 and 7/10 feet from the most northerly corner of the 10 and 805/1000 acre tract of land which the herein described parcel is a part of; thence from said beginning point, leaving said 225 acre tract, crossing the Reilly and Delaplain Road, and with other property now owned by the parties of the first part hereto, the following three (3) bearings and distances: S. 25 degrees 32` E. 200 feet to a point; thence S. 64 degrees 28` W. 100 feet to a point; thence N. 25 degrees 32` W. 200 feet to a point in the southerly line of said 225 acre tract; thence with same, N. 64 degrees 28` E. 100 feet to the place of beginning, containing 459/1000 of an acre, as the same was compiled from calculations made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors.
There is excepted and reserved from the said 459/1000 of an acre parcel, so much of the coal underlying same, together with such mining rights and privileges that have heretofore been excepted and/or conveyed.
The above-described property is commonly known as: 2084 Clearview Ave., Wheeling, WV, 26003
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Ohio County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2,500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse. Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code §38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $5,000.00 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg, PC, counsel for Terra Abstract Trustee West Virginia, Inc.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
Int. Oct 24, 31, 2022