TRUSTEES’ SALE OF VALUABLE REAL ESTATE
1964 Dement Road,
Triadelphia, WV 26059
In a Deed of Trust dated June 5, 2020, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1605, at page 700 James E. Sekoral did convey unto PILL & PILL, PLLC, 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:
February 7, 2023
At 11:00 AM
The property for sale as described by the Deed of Trust is as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF OHIO, STATE OF WEST VIRGINIA, AND DESCRIBED AS FOLLOWS:
PARCEL ONE
BEGINNING AT AN IRON FENCE POST AT THE MOST NORTHEASTERLY CORNER OF THE TRACT OF LAND CONVEYED TO FRED E. COWL BY W.D. MONTGOMERY AND MAGGIE MAY MONTGOMERY, HIS WIFE, AND ON RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN DEED BOOK 216, AT PAGE 64, THENCE WITH THE DIVISION LINE BETWEEN JOHN BELL (NOW EVERETT) AND THE PROPERTY HEREIN DESCRIBED S. 13 degrees 50` W. 621.47 FEET TO A POINT AT THE MOST SOUTHEASTERLY CORNER OF A 4.948 ACRE TRACT CONVEYED TO ELMER BROOKS CARTER BY JOHN O. SCHENERLEIN AND KATHRYN K. SCHENERLEIN, HIS WIFE, BY DEED DATED NOVEMBER 16, 1948, AND RECORDED IN THE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN DEED BOOK NO. 311, AT PAGE 276, THENCE WITH THE EASTERLY LINE OF SAID 4.948 ACRE TRACT N. 48 DEGREES 39` 40″ W. 469.31 FEET TO A POINT ON THE SOUTHERLY SIDE OF KELLEY`S BARN AND DEMENT CEMETERY ROAD, THENCE N. 54 DEGREES 08` 30″ E. 563.64 FEET TO A POINT IN SAID ROAD THENCE LEAVING SAID ROAD, S. 50 DEGREES 15` E. 57.42 FEET TO THE PLACE OF BEGINNING, CONTAINING IN ALL 3.329 ACRES, MORE OR LESS.
PARCEL TWO
BEGINNING AT A POINT IN THE DIVISION LINE BETWEEN THE PROPERTY OF FRED E. COWL AND PROPERTY OF JOHN BELL (NOW EVERETT) SAID POINT BEING LOCATED, S. 13 DEGREES 50` W. 621.47 FEET FROM AN IRON FENCE POST AT THE MOST NORTHEASTERLY CORNER OF THE TRACT OF LAND CONVEYED TO FRED E. COWL BY W.D. MONTGOMERY AND MAGGIE MAY MONTGOMERY, HIS WIFE, AND ON RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COURT OF OHIO COUNTY, WEST VIRGINIA, IN DEED BOOK 216, PAGE 64, AND ALSO BEING LOCATED, N. 35 DEGREES 40` E. 879.20 FEET FROM A STONE THE COMMON CORNER TO PROPERTIES OF FRED E. COWL, JOHN BELL AND WILLIAM AND ELMER NICHOLAS; THENCE, WITH THE SAID DIVISION LINE BETWEEN FRED E. COWL AND JOHN BELL, S. 35 DEGREES 40` W. 510.87 FEET TO A POINT; THENCE, LEAVING THE DIVISION LINE BETWEEN FRED E. COWL AND JOHN BELL, N. 24 DEGREES 16` 50″ W. 790.36 FEET TO A POINT IN THE NORTHERLY SIDE OF THE KELLY`S BARN AND DEMENT CEMETERY ROAD; THENCE S. 87 DEGREES 41` 30″ E. 250.40 FEET TO A POINT ON THE SOUTHERLY SIDE OF THE SAID ROAD; THENCE, N. 54 DEGREES 08` 30″ E. 25.05 FEET TO A POINT IN THE SAID ROAD; THENCE, LEAVING THE SAID ROAD, S. 48 DEGREES 39` 40″ E. 469.31 FEET TO THE PLACE OF BEGINNING, CONTAINING 4.948 ACRES MORE OR LESS.
PARCEL ID:
0035 0000 0000
Commonly known as
1964 Dement Road,
Triadelphia, WV 26059
However, by showing this address no additional coverage is provided
Being the same property conveyed to James E. Sekoral, by deed from Paula Shia Hundley, widow, Carolyn Jeanne Barcafer, Ancillary Administratrix of the Estate of William O. Hundley, Jr., Carolyn Jeanne Barcafer (also known as Carolyn Barcafer) and Robert Barcafer, her husband, dated 05-20-1992, recorded 05-29-1992, in Book: 666 Page: 318, in the office of the Clerk of the County Commission of Ohio County, West Virginia.
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 section 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 $19,000.00 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.
1581 Main Street,
Suite 200
The Shops at Valley Square
Warrington, PA 18976
(215) 572-8111,
Fax: (215) 572-5025
www.sterneisenberg.com
Int. Dec 16, 23, 2022