NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Valerie A. Noel,
deceased
c/o Brian Edward Noel
and Eric Alan Noel,
Co-Executors
2931 Weir Avenue
Weirton, WV 26062
Brian Edward Noel
2931 Weir Avenue
Weirton, WV 26062
Eric Alan Noel
27 Sherwood Avenue
Wheeling, WV 26003
Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:
Tuesday, August 16, 2016, at 10:00 a.m.,
at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Valerie A. Noel, a single person, to James C. Gardill, Trustee, by Deed of Trust dated August 6, 2007, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1333, at page 48, and being described as follows:
Situate in the State of West Virginia, County of Ohio, and being the following lot or parcel of ground situate near Big Wheeling Creek, in Triadelphia District, Ohio County, West Virginia, and comprising Lot Numbered Seventy-seven (77), as shown on the Unrecorded Map of Part of Mil-Acres, being a subdivision of the Leopold Miller Farm.
Beginning at a stake at the intersection of the division line between Lots 76 and 77 with the westerly side of Sherwood Avenue, said stake being located from the most westerly corner of Lot 21, as shown on the Map of Part of Mil-Acres, said Map being attached to the Deed from Raymond Miller, single, Henry Miller and Catherine Miller, his wife, to William E. Dickson and Mildred Dickson, his wife, dated March 21, 1955, recorded in Deed Book 367, at page 298, the following three (3) bearings and distances: N. 34* 38′ W. 30 and 19/100 feet to the most southerly corner of Lot 57; thence S. 48* 52′ W. 30.6 feet to the most easterly corner of Lot 68; thence following along the westerly side of said Sherwood Avenue N. 44* 38′ W. 673 and 16/100 feet to said place of beginning; thence from said beginning point and with said division line between Lots 76 and 77, S. 45* 22′ W. 150 feet to a point; thence N. 44* 38′ W. 75 feet to the division line between Lots 77 and 78; thence with said last mentioned division line N. 45* 22′ E. 150 feet to the westerly side of Sherwood Avenue; thence leaving said last mentioned division line and with said westerly side of Sherwood Avenue, S. 44* 38′ E. 75 feet to the place of beginning.
There is excepted and reserved from the above described parcel so much of the coal underlying the same, together with such mining rights and privileges that have heretofore been conveyed.
There is also granted to the party of the second part hereto, the right to use Cedar View Drive Thirty (30) feet wide, and also Sherwood Avenue thirty (30) feet wide as the same are shown and designated on said Map, attached to Deed from Miller, et al, to Robert I. Bleifus and Bernadine T. Bleifus, dated February 1, 1958, recorded in Volume 395, at page 220 of the Ohio County Deed Records, leading from the most northerly corner of said Lot 77 to Big Wheeling Creek Public Road, said Cedar View Drive and Sherwood Avenue are to be used in common by the party of the first and second part hereto, their tenants, agents, heirs, executors, administrators and assigns.
There is also granted to the party of the second part, her tenants, heirs, executors, administrators and assigns, the right to connect sewers and water lines to the present sewer and water line located on Sherwood Avenue and also the right to use, renew, replace and maintain said sewer and water lines.
Subject to all covenants, conditions, limitations, and exceptions as set out in deed from Raymond Miller, et al, to Robert I. Bleifus and Bernadine T. Bleifus, dated February 1, 1958, recorded in Volume 396, at page 220 of the Ohio County Deed Records.
Being the same property conveyed to James H. Noel, Jr. and Valerie A. Noel, his wife, by Deed from Jack Ellsworth Harris and Bernadene A. Flanegin Harris, his wife, dated August 8, 1973 and recorded in the Office of the County Commission of Ohio County, West Virginia, in Deed Book 544, at page 527; and conveyed to Valerie A. Noel by James H. Noel, Jr. by Deed dated October 29, 2002, and recorded in the Office of the County Commission of Ohio County, West Virginia, in Deed Book 738, at page 355. The said Valerie A. Noel died October 11, 2014 and by her Last Will and Testament recorded in Ohio County Will Book, devised this property to her sons, Brian Edward Noel and Eric Alan Noel.
Tax District: 10;
Tax Map: W91;
Parcel: 416.
Property Address: 27 Sherwood Avenue, Wheeling, WV.
The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.
Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.
Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).
Given under my hand this 12th day of July, 2016.
/s/James C. Gardill, Trustee
For information regarding sale, contact:
Andrew R. Thalman, Esquire, Counsel for Trustee
PHILLIPS, GARDILL, KAISER &
ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. Aug. 2, 9, 2016
235545