Public Notice

NOTICE OF SUCCESSOR TRUSTEE’S SALE
NOTICE OF SUCCESSOR TRUSTEE’S SALE is hereby given pursuant to and by virtue of the authority vested in the Successor Trustee by that certain Deed of Trust dated September 10, 2009, executed by Karen Grimes and Allen L. Grimes to George J. Anetakis to secure First Choice America Community Federal Credit Union, of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Book 1382, at Page 164. Thomas J. Decapio was appointed as Successor Trustee by Appointment of Successor Trustee dated June 11, 2024, of record in the Clerk’s Office in Book 1689, at Page 290. The borrowers defaulted under the Note and Deed of Trust and the Successor Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Successor Trustee will sell the following described real estate along with any Improvements erected thereon used or useful in the operation of the Mortgaged Premises, whether or not attached to the real estate, and all additions to and substitutions and replacements of any of the above-described types and items of property, and any proceeds of any thereof, and with respect to the Mortgaged Premises to the highest bidder at the front door of the Courthouse of Ohio County, in Wheeling, West Virginia, on: July 15, 2024 at 11:00 a.m.
Address: 115 Glenwood Road,
Wheeling, West Virginia, 26003
Tax Map or Parcel ID No.: Map W31 / Parcel 0007
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 to redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, right-of-ways, easements, covenants, conveyances and condition 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 11-22-2.
3) The Purchaser shall be responsible for the payment of all unpaid real estate taxes associated with the property.
4) 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.
5) 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.
6) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the 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.
7) The total purchase price is payable to the Trustee by cashier’s check, cash or equivalent within thirty (30) days of the date of sale, with five percent (5%) of the total purchase price payable to the trustee at sale by cashier’s check, cash or equivalent.
8) 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.
Given under my hand this 19th day of June, 2024.
By:
/s/ Thomas J. Decapio
Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon, Decapio & Pearl, LLP
529 Carolina Avenue,
Chester, WV 26034
Phone: 304-387-4400
EXHIBIT A
A parcel of land situated on the Stackyard Road, in the City of Wheeling, in Triadelphia District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point in the centerline of Stackyard Road, formerly called the Walter and Robert Marshall Road, said point being located N. 88 deg 52′ W. 16 17/100 feet from the center of Wheeling Electric Company’s pole No. 3-1254, said point being an original corner to the 27 31/100 acre tract of land that was conveyed by George A. Smith and others to Laura Odell Smith, by Deed dated September 21, 1946, and also a corner to the 3 88/100 acre parcel of land that was conveyed away by the said Laura Odell Smith in 1946 and recorded in Deed Book 292, Page 415; thence from said beginning point with the division line between the said 27 31/100 acre tract of land and the land now or formerly owned by Henry E. Hess, S. 88 deg 52′ E. 296 66/100 feet, more or less (as shown on a blue print which is recorded in Deed Book 291, page 22 in the Ohio County Clerk’s Office, Wheeling, West Virginia) to a Wheeling Electric Company’s pole; thence leaving the original lines of the said 27 31/100 acre tract and with the center line of Wheeling Electric Company’s pole line S 2 deg 6′ E. 489 34/100 feet to the center line of Wheeling Electric Company’s pole No. 3-1264; thence leaving Wheeling Electric Company’s pole line N. 63 deg 48′ W. (at 423 47/100 feet passing through the center of Wheeling Electric Company’s pole No. 3-1251) 439 37/100 feet to a point in the center line of the Stackyard Road, said point being in an Easterly line of said 3 88/100 acre parcel of land; thence with the center line of the Stackyard Road, which is also the Easterly line of the said 3 88/100 acre parcel, the following three bearings and distances:
N. 36 deg 9′ E. 9 37/100 feet; thence N. 17 deg 7′ E. 54 82/100 feet; thence N. 10 deg 22′ E. 245 28/100 feet to the place of beginning containing, by a survey made by Walter Stegman, Registered Engineer, 3 21/100 acres, more or less (which description is shown on a blue print recorded in Deed Book 291, Page 22, in Ohio County Clerk’s Office, located in Wheeling, West Virginia.
The said three and twenty-one hundredths (3 and 21/100) acre parcel is subject to that part of the right of way for the Stackyard Road that is included within the boundary lines of the said 3 and 21/100 acre parcel.
There is excepted and reserved from the said 3 and 21/100 acre parcel of land so much of the coal underlying same that has heretofore been mined out or conveyed away.
There is also excepted and reserved from the said 3 and 21/100 acre parcel of land, the right for the owner of the said 3 and 88/100 acre parcel of land, which lies west of the Stackyard Road, to use the water from the spring which is located about 37 feet in a southerly direction from the southeasterly corner of the dwelling house on the 3 and 21/100 acre parcel, together with the right to operate, maintain, and renew the present water pipe which now leads from said spring in a westerly direction to the said 3 and 88/100 acre parcel.
Excepting and reserving a .846 acre parcel of land conveyed to William A. Steele and Marion J. Steel, his wife, by deed of Allen L. grimes and Sarah L. Grimes, dated the 24th day of October, 1962, and of record in the Office of the Clerk of the County Court of Hancock County, West Virginia, in Deed Book 439, at Page 410.
Being part of the same property conveyed to Karen Grimes, subject to a Life Estate reserved by Allen Grimes, by deed of Allen Grimes, dated the 27th day of July, 2000, and of record in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 721, at Page 506. The said Allen Grimes died on February 12, 2016 and his Life Estate was terminated. Karen Lee Grimes died on March 23, 2023, and pursuant to her Last Will and Testament recorded in Will Book 135, Page 409, devised and bequeathed her interest in the subject real estate to Rachel Lynn Grimes and Daniel Grimes.
Int. Jun 24, Jul 1, 2024