NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 6th day of June, 2022, signed by Steven Jones, to Gompers, McCarthy & McClure, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1657, at page 513, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 11:00 o’clock a.m. on the
13 TH DAY OF
MARCH 2023
at the front doors of the Courthouse in Ohio County in Wheeling, West Virginia the following described real estate:
Tract 1: A certain tract of land situate on the Reilly-Delaplaine Road , in Richland District, Ohio County, West Virginia, comprising a part of Tract S and a part of the 17 and 56/100 acre tract of land, as shown on the Map of Clearview, said map being recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book 2, page 41, said tract also comprising a part of the 1 and 9/10 acre tract which was conveyed by Andrew Wilson and wife to Campbell-Wagner Realty Company, by deed dated May 6th , 1946, and recorded in said Clerk’s Office in Deed Book 286, at page 266, the tract of land hereby conveyed being more particularly bounded and described as follows:
Beginning at a point in the southerly line of the Reilly-Delaplaine Road, at the most Westerly corner of the 483/1000 of an acre parcel of land now owned by William McClure and Betsey McClure, said point being located S. 62 degrees 11′ W. 6 and 19/100 feet and S. 62 degrees 28′ W. 200 and 52/100 feet and S. 63 degrees 50′ W. 239 and 1/10 feet measured along the southerly line of said road from its intersection with the division line between Tracts U and V; thence from said beginning point, and with the westerly line of said 483/1000 of an acre parcel, S. 35 degrees 12′ W. (crossing the division line between Tract S and the 17 and 56/100 acre tract and then crossing the division line between the said 17 and 56/100 acre tract and said 1 and 9/10 acre tract) 1,424 and 95/100 feet to the division line between the 1 and 9/10 acre tract and the former Costanzo Coal Mining Company Farm; thence leaving said 483/1000 of an acre parcel and with said last mentioned division line, S. 38 degrees 54′ W. 83 and 5/100 feet to a point; thence leaving said division line, and with other lands owned by the party of the first part hereto, N. 35 degrees 32′ W. 1,460 and 43/100 feet to a point in the southerly line of the said Reilly-Delaplaine Road; thence with the southerly line of the said Reilly-Delaplaine Road, N. 63 degrees 50′ E. 81 and 8/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, One and Three Hundred Forty-one Thousandths (1 and 341/1000) acres, more or less.
Tract II: The following tract of land situate on the Reilly-Delaplaine Road, in Richland District, Ohio County, West Virginia, and comprising a part of Tract 3, and part of the 17 and 56/100 acre tract of land, as shown on the Map of Clearview, said map being recorded in the Office of the Clerk of the County County of Ohio County, West Virginia in Plat Book 2, at page 41, said tract also comprising a part of the 1 and 9/10 acre tract which was conveyed by Andrew Wilson and wife to Campbell-Wagner Realty Company by deed dated May 6, 1946, and recorded in said County Clerk’s Office in Deed Book 286, at page 266, the tract of land hereby conveyed being more particularly bounded and described as follows:
Beginning at a point in the southerly line of Reilly-Delaplaine Road, at the most westerly corner of the 1 and 341/1000 acre tract of land (this acreage is in error, as the tract actually contained 2 and 649/1000 acres, it being the intention of this deed to correct said error) now owned by Harry B. Fredericks and Ruth E. Fredericks, said beginning point being located S. 62 degrees 11′ W. 6 and 19/100 feet and S. 62 degrees 28′ W. 200 and 52/100 feet and S. 63 degrees 50′ W. 320 and 18/100 feet, measured along the southerly line of said road, from its intersection with the division line between Tracts U and V; thence from said beginning point and with the westerly line of said 1 and 341/1000 acre tract, S. 35 degrees 32′ E. (crossing the division line between Tract S and the 17 and 56/100 acre tract and then crossing the division line between the said 17 and 56/100 acre tract and the said 1 and 9/10 acre tract) 1,460 and 43/100 feet to the division line between the said 1 and 9/10 acre tract and the former Costanzo Coal Mining Company Farm; thence leaving said 1 and 341/1000 acre tract and with the last mentioned division line, S. 38 degrees 54″ W. 29 and 78/100 feet to a point at the corner to the property now or formerly owned by Huntsberry; thence leaving said division line and with a line of the said Huntsberry property, N. 37 degrees 32′ W. 1,485 and 54/100 feet to a point in the southerly line of said Reilly-Delaplaine Road; thence with the said southerly line N. 63 degrees 50′ E. 81 and 2/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, One and Eight Hundred Thirty-two Thousandths (1 and 832/1000) acres, more or less.
The said party of the second part for himself, his heirs, executors, administrators, and assigns, by the acceptance of this deed and as part of the consideration here fore, covenants with the said party of the first part, her successors and assigns, that no dwelling shall be erected upon the property hereby conveyed at a cost less than Fifteen Thousand Dollars ($15,000.00); that all sewerage therefrom shall be disposed of by septic tank or its equivalent; that any garage or structure not a part of the main dwelling shall not be built nearer than one hundred fifty feet (150) to the front line of the property hereinabove conveyed; that one (1) residence or dwelling house and no business structure shall be built on the aforesaid parcel of ground to front on the Reilly-Delaplaine Road; and that they will not suffer or cause the erection of any residence or dwelling house whatsoever, excepting an open porch, piazza, or stoop, within ninety (90) feet from the front line of the property hereby conveyed; any other residence built on said parcel hereby conveyed shall not be built closer than two hundred (200) feet from the front property line aforesaid; and that said property shall be used for residence purposes only.
The said party of the second part also likewise agrees to install and maintain a regulation culvert in the ditch in front of said property, at and under the driveway thereto, at least twelve inches (12″) in diameter and twelve feet (12′) in length; also to confine and deliver all water from said property in said ditch in front of said property, and to keep said ditch open at all times.
There is excepted and reserved from the above-described tracts of land, all of the coal, oil, gas and other minerals underlying the above-described property.
This conveyance is subject to any and all exceptions, reservations, restrictions, conditions, covenants, and easements as shown on all prior Deeds of conveyance or other instruments of record.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
The above described real estate is reported to have a mailing address of:
198 Clearview Avenue,
Wheeling, WV 26003
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Some Trustee sales may be conducted by a servicer required Auction Company. In that event, the auctioneer will be acting under an “Auction Services Agreement.”
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.
GOLDEN & AMOS, PLLC, TRUSTEE
543 Fifth Street,
P.O. Box 81
Parkersburg, WV 26102
Telephone (304) 485 3851
Fax (304) 485-0261
E-mail: timamos@
goldenamos.com
Our business hours are
8 :30 AM – 5 :00 PM
On weekdays – not including holidays
Lender: Planet Home Lending
Processor: Kristi / Ext 27
(JonesSteven.nts/foreclosures/2022foreclosures/mb)
N.R. Feb 27, Mar 6, 2023