TRUSTEE’S NOTICE
OF SALE
To: George M. Rine
125 Columbia Avenue
Wheeling WV 26003
Mary Jane Barnes
4913 Sweeney Circle
Henrico VA 23231
Paula E. Irwin
8354 Fern Leaf Circle
Springfield VA 22153
Kathleen Payne
5 Damian Avenue
Wheeling WV 26003
Diana Walter
1897 Chapel Hill Road
Wheeling WV 26003
By virtue of that certain Deed of Trust made by George M. Rine to John E. Gompers, Trustee, dated the 30th day of April, 2021, and of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book No. 1627, at page 470, and that certain Appointment of Successor Trustee, dated the 15th day of February, 2024, and of record in the aforesaid County Clerk’s office in Deed of Trust Book No. 1684, at page 662, 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 30th day of April, 2024, at 10:00 o’clock A.M., at the northwest front door of the Court House of Ohio County, Wheeling, West Virginia, the following described property (“Property”) situate at 57 Forest Hills, Wheeling, Ohio County, West Virginia 26003, and being more particularly described as follows:
The following two parcels of property, located in Forest Hills Addition to the City of Wheeling, Wheeling District (formerly Woodsdale-Richland District), Ohio County, West Virginia, and more particularly described as follows, that is to say:
First Parcel: Beginning at a point in a westerly line of Forest Hills Drive, said point being the northeasterly and the southeasterly corners respectively of Lots Numbered Sixty-Two (62) and Sixty (60) [lots 60 and 59 as shown on the unrecorded Map of Forest Hills, Wheeling, West Virginia, dated 1926, which Map is on file in the Offices of C.C. Smith’s Sons, Engineers, Wheeling, West Virginia]; thence with the division line between Lots Numbered Sixty (60) and Sixty-two (62) S. 74 degrees 37 30 W. 254.85 feet to a point in an easterly line of a tract or parcel of land belonging to Charles Thonen and which said tract or parcel of land was conveyed to the said Charles Thonen et al by the heirs of Henry Kiel by Deed dated the 13th day of March, 1905, and by Deed of Henry Kiel dated the 7th day of April, 1910, and by Deed of Edward Thonen and wife dated the 22nd day of March, 1915, recorded respectively in Deed Books No. 118 at page 112, 133 at page 329, 150 at page 329, 150 at page 3, in the Office of the Clerk of the County Commission of Ohio County, West Virginia, said point being located N. 6 degrees 14′ W. 42.67 feet from a corner to Charles (formerly a wild cherry); thence crossing Lot numbered Sixty (60) N. 74 degrees 37 30 E. 215.33 feet to a point in the above mentioned westerly line of Forest Hills Drive; thence with the westerly line of the Forest Hills Drive and with a curve to the left whose radius is twenty-four hundred (2400) feet and whose long chord bears S. 19 degrees 10 E. 85.2 feet to the place of beginning.
The property hereby conveyed being the southerly eighty-five (85) feet Lot numbered Sixty (60) as shown on the unrecorded plat of Forest Hills Addition, dated 1926.
The description contained above is the same as that contained in that certain Deed by and between Forest Hills Land Company and Hilda Allen Bumgardner, dated the 31st day of October, 1928, and recorded in the Office of the Commission of Ohio County, West Virginia, in Deed Book 215, at page 503. Said description was based upon the then unrecorded Map of Forest Hills, of 1926, where revised prior to recordation of the Plat of Forest Hills in 1950. Lot Number Fifty-nine (59) as shown on the recorded Plat of Forest Hills is the same lot that originally appeared as Lot Number Sixty-Two (62) on the 1926 unrecorded Play of Forest Hills. Therefore, the beginning point of the above description, as applied to the recorded plat of Forest Hills, is the southeasterly corner of Lot Number Sixty (60) and the northeasterly corner of Lot Number Fifty-Nine (59).
This conveyance is subject to the reserved rights-of-way, restrictions, conditions, limitations and covenants set out in the deed from Forest Hills Land Company to Hilda Allen Bumgardner dated October 31, 1928, and recorded in said Clerk’s Office in Deed Book 215, at page 503, to which reference hereby is made.
SECOND PARCEL: Also the following parcel of land situate on the westerly side of Forest Hills Drive, City of Wheeling, Wheeling District [formerly Woodsdale-Richland District], Ohio County, West Virginia, and comprising the northerly part of Lot No. 59, as shown on the Plat of Forest Hills, said plat being recorded in the office of the Clerk Of the County Commission of Ohio County, West Virginia, in Plat Book 3, at page 24, and being more particularly bounded and described as follows:
Beginning at an iron pin in the westerly line of Forest Hills Drive, at its intersection with the division line between Lots No. 59 and 60, as shown on said plat; thence from said beginning iron pin and with the westerly line of Forest Hills Drive, S. 20 degrees 44′ 50″ E.. 5.36 feet to a point; thence leaving Forest Hills Drive, S. 76 degrees 15′ 20″ W. 115.61 feet to a point, said point being located N. 16 degrees 43′ 08″ W. 8 feet from an iron pin; thence S. 69 degrees 13′ 30″ W. 84.69 feet to a point, said point being located N. 16 degrees 43′ 08″ W. 2 feet from the center of an 18-inch Wild Cherry; thence S. 74 degrees 37′ 30″ W. 59.43 feet to a point in the westerly line of Lot No. 59, said point being located N. 6 degrees 14′ E. 2.16 feet from an iron pin; thence following along the westerly line of Lot No. 59, N. 6 degrees 14′ E. 10.77 feet to a point in the division line between Lots No. 59, N. 6 degrees 14′ D. 10.77 feet to a point in the division line N. 74 degrees 37′ 30″ E. 254.85 feet to the place of beginning, containing by survey made by Stegman & Schellhase Inc., Civil Engineers and Surveyors, One Thousand Five Hundred Eight (1,508) square feet.
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 Successor Trustee hereunder. 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 merchant-ability, 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.
James T. McClure, Successor Trustee
N.R. Apr 16, 23, 2024