TRUSTEE’S NOTICE OF SALE
TO: ROXBY MCLURE, LLC
83 FOURTEENTH STREET
WHEELING, WV 26003
By virtue of that certain Deed of Trust made by Roxby McLure, LLC, to Elgine Heceta McArdle, Trustee, dated the 31st day of October, 2022, and of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book No. 1665, at page 698, the undersigned will sell at public auction, and subject to the terms and conditions set forth in this Trustee’s Notice of Sale and in the said Deed of Trust, on the
2nd day of May, 2023, at 10:00 o’clock AM,
at the northwest front door of the Court House of Ohio County, Wheeling, West Virginia, the following described property (“Property”) situate at 1200 Market Street and 1215 Chapline Street, Wheeling, WV 26003, and being more particularly described as follows:
Parcel 1 (Hotel)
A parcel of land situate at the intersection of the southerly line of Twelfth Street with the easterly line of Market Street, City of Wheeling, Clay District, Ohio County, West Virginia, more particularly described as follows:
Beginning at a point in the easterly line of Market Street at its intersection with the southerly line of Twelfth (12th) Street; thence from said beginning point and with said southerly line, N. 7T 04′ E. 170 and 76/100 feet to a point at the northwesterly comer of the parcel of land now or formerly owned by the Odd Fellows Hall Association; thence leaving Twelfth (12th) Street and with the westerly line of said last mentioned parcel, S. 12″ 55′ 30″ E. (at 77 and 18/100 feet passing the northerly line of a private lane) 87 and 18/100 feet to a point in the northerly line of land now owned by Ohio Key I, Inc. and Ohio Key II, Inc.; thence with the same the following six (6) bearings and distances: S. 76″ 48′ 42″ W. 13 and 87/100 feet to a point; thence S. 13″ 11′ 18″ E. 1 and 62/100 feet to a point; thence S. 76″ 48′ 42″ W. 16 and 20/100 feet to a point; thence S. 13′ 28′ 01″ E. 55 and 50/100 feet to a point; thence S. 76′ 45′ 22″ N. 0 and 86/100 feet to a point; thence S. 13′ 14′ 38″ E. 55 and 19/100 feet to a point in the division line between Lots 11 and 12, Square 11 as shown on the Old Town Plat, a copy of said plat being recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 57, at page 370; thence with same, S. 76′ 40′ 20″ W. 7 feet to a point in the easterly line of the parcel of land now owned by Zee, Inc.; thence with same, the following two (2) bearings and distances: N. 12′ 59′ 06″ N. 35 and 51/100 feet to a point; thence S. 77 degrees 07′ 25″ W. 133 and 46/100 feet to a point in the east line of Market Street; thence with same, N. 12 degrees 59′ 06″ N. 164 and 02/100 feet to the place of beginning, containing 25,977 square feet, more or less, as surveyed by Stegman & Schellhase, Inc., Civil Engineers and Surveyors.
Said parcel being subject to any and all conditions, exceptions, reservations, easements and rights-of-way as may be contained in former deeds of conveyance.
Grantor further grants unto Grantee all right, title and interest acquired by the following instruments and subject to the restrictions, reservations, obligations and covenants imposed therein:
1. The right to use in common with Old Fellows Hall Association and others to a 10-foot alley parallel with Twelfth Street extending from Chapline Street in a westerly direction 96 feet, more or less, as more particularly described in the aforesaid deed from Odd Fellows Hall Association to McLure Land Company dated March 11, 1977, and recorded in Deed Book 573, page 513.
2. The right to use in common with Zee, Incorporated, a two-foot strip of ground along the north boundary of Zee’s parcel and extending in a westwardly direction from the northeast comer of the parcel a distance of 48 feet for the purpose of constructing a continuous concrete footer to be used in common by Zee and McLure, as more particularly described in an Easement Agreement between Zee, Incorporated, and McLure Land Company, dated September 12, 1978, and recorded in Deed Book 586, page 71.
3. The right to use in common with Zee, Incorporated, for ingress and egress, the easterly 21 1/2 feet of the parcel of ground owned by Zee adjoining the property of McLure Land Company on the south, as more particularly described in the last mentioned Easement Agreement.
4. The right to use in common with Zee, Incorporated, and others, any easement or right-of-way that Zee, Incorporated may have acquired by grant, reservation or prescription for ingress and egress to Lane 9, as more particularly described in said Easement Agreement.
5. Private Alley Agreement between John Mc Lure and David McLure dated March 30, 1841 and recorded in Deed Book 28, page 196.
This conveyance is intended to and does include all rights, privileges and property granted to Grantor and Grantor’s predecessors in title by all instruments of record and all rights, privileges and property acquired by Grantor and Grantor’s predecessors in title by prescription.
And being the same property conveyed by I B Holdings, LLC, a Delaware limited liability company, to FA Management, Inc., a Missouri corporation, by deed dated April 27, 2007 and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 776, at page 412. Due to a clerical error in the preparation of the above-referenced deed, the Grantor’s name was referred to as FA Management, Inc., when, in fact, its complete name is F A Management Corp, Inc.
Map & Parcel Number:
10-W50B-l 16
Parcel 2 (Parking Garage)
A parcel of land situate on the westerly side of Chapline Street, between 12th Street and Lane 9, and comprising part of Lots IO and 11, Square 11, in Ebeneezer Zane’s Addition as shown on the Old Town Plat, a copy of said Plat being recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 57, at page 370, City of Wheeling, Clay District, Ohio County, West Virginia and being more particularly bounded and described as follows :
Beginning at a point in the westerly line of Chapline Street at its intersection with the division line between Lots 11 and 12 as shown on said Old Town Plat, said lands beginning point also being the northeasterly comer of the land now owned by G . S . K . , Inc . ; thence leaving G .S. K., Inc., and also with said division line S. 76 degrees 40′ 20″ W. 126 and 79/100 feet to a point at a comer to the lands now owned by Ohio Key I, Inc. and Ohio Key II, Inc.; thence with the same, the following six (6) bearings and distances : N. 13 degrees 14′ 38″ W. 55 and 19/100 feet to a point;
thence N. 76 degrees 45′ 22″ E. 0 and 86/100 feet to a point; thence N. 13 degrees 28′ O” W . 55 and 5/10 feet to a point; thence N . 76 degrees 48′ 42″ E. 16 and 2/10 feet to a point; thence N . 13 degrees 11′ 18″ W. I and 62/100 feet to a point; thence N. 76 degrees 48′ 42″ E. 110 and 61/100 feet to a point in the aforesaid westerly line of Chapline Street; thence with same, S . 12 degrees 54′ 18″ E. 112 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, 14,188 Square Feet, more or less.
Said parcel being subject to any and all conditions, exceptions, reservations, stipulations, rights of way, etc., as may be contained in former deeds of conveyance.
Grantor further grants and conveys unto Grantee all right, title and interest acquired by the following instruments and subject to the restrictions, reservations, obligations and covenants imposed therein:
1. Easement agreement between Odd Fellows Hall Association and J – B Supply Co., Inc., dated August 31, 1978, and recorded in Deed Book 585, at page 650;
2. Deed of easement from the City of Wheeling to J – B Supply Co., Inc., dated August 31, 1978, and recorded in Deed Book 585, at page 653;
3. Deed from J-B Supply Co., In c . , to McLure Land Company dated September 29, 1978, and recorded in Deed Book 586, at page 75, wh i c h includes the right of J-B Supply Co . , Inc. to use the private alley.
4. Private alley agreement between John Mclure and David Mclure Dated March 30, 1841 and recorded in Deed Book 28, page 196.
This conveyance is intended to and does include all rights, privileges and property granted to Grantor and Grantor’s predecessors in title by all instruments of record and all rights, privileges and property acquired by Grantor and Grantor’s predecessors in title by prescription.
And being the same property conveyed by I B Holdings, LLC, a Delaware limited liability company, to FG Management, LLC, a Missouri limited liability company, by deed dated April 27, 2007 and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 776, at page 416. Due to a clerical error in the preparation of the above-referenced deed, the Grantor’s name was referred to as FG Management, LLC, when, in fact, its complete name is F G Management Co., LLC.
Map & Parcel Number:
10 – W51 – 1 006
TERMS OF SALE- Sale of the Property will be made subject to the lien for any and all real estate taxes, whether or not currently due, owing, delinquent or payable, whether paid or are otherwise not currently payable, and further, sale of the subject interest in the Property is subject to any and all other liens, encumbrances, or adverse claims of interest which may be superior to the lien of the Deed of Trust being foreclosed upon or the title of Trustee hereunder, including, but limited to, that certain Deed of Trust dated the 31st day of October, 2022, granted by Roxby McLure, LLC to Elgine Heceta McArdle, Trustee, of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book No. 1665, at page 698. The Property will be conveyed “As Is” without warranty or representation, express or implied, as to title, physical condition, environmental condition or any other adverse condition which might affect merchantability, marketability, fitness or use of the Property CASH IN HAND or CERTIFIED FUNDS (Certified Check) in full in the amount of the successful bid or bids on the day of the sale is required for any bidder to purchase the subject Property.
David L. Delk,
Substitute Trustee
Int. Apr 11, 18, 2023