NOTICE OF
TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated September 25, 2004, executed by Borrowers, Billie Jo Leech and Dwight J. Leech, to Charles Johnson, the Trustee of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1249, at Page 409. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 2012 Highland Avenue, Wheeling, WV 26003. Pill & Pill, PLLC was appointed as Substitute Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated May 9, 2016, of record in the Clerk’s Office in Book 1525, at Page 788. The borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute 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:
August 4, 2016
at 9:17 a.m.
The property is described as of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in Wheeling District, Ohio County, West Virginia, and being more particularly described as follows:
THE FOLLOWING DESCRIBED REAL PROPERTY:
PARCEL NO. I
BEGINNING AT A POINT IN THE DIVISION LINE BETWEEN LOTS NO. 21 AND 22, AS SAID LOTS NO. 21 AND 22 ARE SHOWN ON THE FIRST SECTION OF THE PLAT OF WARWOOD, AND BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK 1, AT PAGE 106, SAID POINT BEING ALSO LOCATED N. 83 DEG 11′ E. 238.81 FEET, MEASURED ALONG THE SAID DIVISION LINE FROM ITS INTERSECTION WITH THE EASTERLY LINE OF WARWOOD AVENUE (FORMERLY CALLED MAIN STREET); THENCE WITH THE SAID DIVISION LINE BETWEEN LOTS NO. 21 AND 22, N. 83 DEG 11′ E. 111.19 FEET TO A POINT, SAID POINT BEING THE MOST NORTHEASTERLY CORNER OF SAID LOT NO. 22; THENCE WITH THE EASTERLY LINE OF LOT NO. 2, S. 5 DEG 12′ E. 50.02 FEET TO A POINT; THENCE WITH THE DIVISION LINE BETWEEN LOTS NO. 22 AND 23, S. 83 DEG 11′ W. 109.54 FEET TO A POINT; THENCE LEAVING THE LAST MENTIONED DIVISION LINE, N. 7 DEG 02′ W. 50 FEET TO THE PLACE OF BEGINNING.
THE SAID PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, HEREBY COVENANT WITH THE SAID PARTY OF THE FIRST PART, HER HEIRS AND ASSIGNS, THAT THEY WILL NOT CONSTRUCT ANY BUILDING ON THE PROPERTY HEREBY CONVEYED, THE FRONT LINE OF WHICH IS NEARER THAN 60 FEET FROM THE FRONT OR WESTERLY LINE THEREOF, EXCEPT AN OPEN PORCH, PIAZZA OR STOOP.
PARCEL NO. II
BEGINNING AT A POINT IN THE DIVISION LINE BETWEEN LOTS NO. 20 AND NO. 21, AS THE SAID LOTS NO. 20 AND 21 ARE SHOWN ON THE FIRST SECTION OF THE PLAT OF WARWOOD AND BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK NO. 1, AT PAGE 106, SAID POINT BEING ALSO LOCATED N. 83 DEG 11′ E. 220.22 FEET, MEASURED ALONG THE DIVISION LINE FROM ITS INTERSECTION WITH THE EASTERLY LINE OF WARWOOD AVENUE (FORMERLY CALLED MAIN STREET); THENCE WITH THE SAID DIVISION LINE BETWEEN LOTS NO. 20 AND 21, N. 83 DEG 11′ E. 129.78 FEET TO A POINT, SAID POINT BEING THE MOST NORTHEASTERLY CORNER OF SAID LOT NO. 21; THENCE WITH THE EASTERLY LIEN OF LOT NO. 21, S. 5 DEG 12′ E. 50.02 FEET TO A POINT; THENCE WITH THE DIVISION LINE BETWEEN LOTS NO. 21 AND NO. 2, S. 83 DEG 11′ W. 128.78 FEET TO A POINT; THENCE LEAVING SAID DIVISION LIEN AND WITH A LINE PARALLEL TO AND FIVE DISTANT, MEASURED AT RIGHT ANGLES IN A NORTHEASTERLY DIRECTION FROM THE FACE OF THE EASTERLY WALL OF THE TILE BUILDING SITUATED ON THE WESTERLY PART OF LOT NO. 21 AND ITS NORTHWESTERLY AND SOUTHEASTERLY EXTENSION, N. 6 DEG 23′ W. 50 FEET TO THE PLACE OF BEGINNING.
THE SAID PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, HEREBY COVENANT WITH THE SAID PARTY OF THE FIRST PART, HER HEIRS AND ASSIGNS, THAT THEY WILL NOT CONSTRUCT ANY BUILDING ON THE PROPERTY HEREBY CONVEYED, THE FRONT LINE OF WHICH IS NEARER THAT 60 FEET FROM THE FRONT OR WESTERLY LINE THEREOF, EXCEPT AN OPEN PORCH, PIAZZA OR STOOP.
PARCEL NO. III
THE FOLLOWING DESCRIBED RIGHT- OF-WAY, IN WARWOOD, WHEELING, OHIO COUNTY, WEST VIRGINIA, THAT IS TO SAY:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT NO. 20, AS SAID LOT NO. 20 IS SHOWN ON THE FIRST SECTION OF THE PLAT OF WARWOOD, AND BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA, IN PLAT BOOK 1, AT PAGE 106, SAID POINT BEING ALSO LOCATED N. 83 DEG 11′ E. 232.42 FEET, MEASURED ALONG THE SAID NORTHERLY LINE OF LOT NO. 20 FROM ITS INTERSECTION WITH THE EASTERLY LINE OF WARWOOD AVENUE (FORMERLY CALLED MAIN STREET), SAID POINT BEING ALSO THE SOUTHERLY LINE OF A TEN-FOOT ALLEY; THENCE WITH THE SAID NORTHERLY LINE OF LOT NO. 20 AND THE SOUTHERLY LINE OF TEN-FOOT ALLEY, N. 83 DEG 11′ E. 17.58 FEET TO A POINT; THENCE LEAVING THE SAID NORTHERLY LIEN OF LOT NO. 20 AND THE SOUTHERLY LINE OF THE TEN-FOOT ALLEY AND WITH A LINE PARALLEL TO THE WESTERLY LINE OF LOT NO. 20, S. 5 DEG 12′ E. 50.02 FEET TO A POINT IN THE DIVISION LINE BETWEEN LOTS 20 AND 21; THENCE WITH THE SAID DIVISION LINE BETWEEN LOTS 20 AND 21, S. 83 DEG 11′ W. 12.74 FEET TO A POINT; THENCE LEAVING THE DIVISION LINE, N. 7 DEG 10′ 20″ W. 27.15 FEET TO A POINT; THENCE N. 14 DEG 57′ W. 23.07 FEET TO THE PLACE OF BEGINNING.
THIS CONVEYANCE IS MADE SUBJECT TO EXCEPTIONS, RESERVATIONS, RESTRICTIONS, COVENANTS, CONDITIONS EASEMENTS AND RIGHTS-OF-WAY REFERRED TO OR CONTAINED IN THIS DEED, ANY AFOREMENTIONED DEEDS AND ALL PRIOR CONVEYANCES OF RECORD.
GRANTOR HAS NO ACTUAL KNOWLEDGE OR REASON TO BELIEVE THAT THE PROPERTY, THE SUBSTRATA, OR SUBSURFACE OF THE PROPERTY HAS BEEN USED FOR STORAGE, TREATMENT OR DISPOSAL OF HAZARDOUS WASTE OR CONTAINS AN UNDERGROUND STORAGE TANK OR TANKS.
BEING THE SAME PROPERTY CONVEYED TO BILLIE JO LEECH AND DWIGHT J. LEECH JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP BY DEED FROM AGNES JO WASEMANN RECORDED 08/31/1999 IN DEED BOOK 714 PAGE 526, IN THE CLERK’S OFFICE OF THE COUNTY COMMISSION OF OHIO COUNTY, WEST VIRGINIA.
TAX ID# 16509, MAP W8 AND PARCEL 279, ACCOUNT #6136585
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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale.
Pill & Pill, PLLC,
Substitute Trustee
By: Pill & Pill, PLLC
85 Aikens Center
Edwin Miller Boulevard
P.O. Box 440
Martinsburg, WV 25402
(304) 263-4971
foreclosures@
pillwvlaw.com
N.R. July 19, 26. Aug. 2, 2016
235554