NOTICE OF TRUSTEES SALE OF REAL
PROPERTY OF AGAPE BAPTIST CHURCH
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of Chapter 35, Article 1 of the West Virginia Code (W.Va. Code Section 35-1-1, et seq.), the undersigned Trustees of the Agape Baptist Church (the “Trustees”), having been duly elected and granted authority to administer the affairs of said Church pursuant to its rules and ecclesiastical policies at a regular business session of said Church, as evidenced by that certain notice dated July 14, 2011 and of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Church Trustee Book 2, at Page 694, and the decision to sell and convey the real property owned by the Church having been unanimously agreed upon and approved by said Trustees, being the sole surviving Trustees of said Church, said Trustees, on Thursday, June 13th, 2019 AT 5:00 P.M. EASTERN TIME will offer for sale and sell at public auction at the physical location of the Agape Baptist Church property located at 99 14th Street, Wheeling, West Virginia, subject to owner approval therefor, all that certain tract or parcel of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, situate on the west side of the West Fork River in what is known as a part of the village of Meadow Brook, in Eagle-Outside District, Harrison County, West Virginia, being more particularly bounded and described as follows:
All that certain tract or parcel of land situate in the City of Wheeling, District of Clay, Country of Ohio, State of West Virginia, more particularly bounded and described as follows, that is to say:
Part of Lot Numbered Six (Lot No. 6) in the Square Numbered Twenty-two (Sq. No. 22) of the Bellair Addition to the City of Wheeling, County of Ohio and State of West Virginia, more particularly described as follows:
Beginning at the southeast corner of said Lot Numbered Six (6) in said Square Numbered Twenty-two (Sq. No. 22) of said Bellair Addition to said City of Wheeling; thence northwardly with the west line of Jacob Street, thirty-two feet; thence westwardly on a line at right angles to said Jacob Street, thirty-six and six-tenths feet to a stake; thence northwardly on a line at right angles to the last named line seven and one-half feet; thence westwardly on a line at right angles to the line last named above twenty- three and four-tenths feet to the west line of said Lot Six; thence southwardly thirty-nine and one-half feet to the south line of said Lot; thence eastwardly with the south line of said Lot, sixty feet to the place of beginning; together with all improvements thereon and thereunto belonging.
Being Parcel Two of the property conveyed to Floyd Stinson, et al, as Trustees of the Agape Baptist Church, by Joyce A. Tsoras, by deed dated November 3, 1998 and recorded in Ohio County Deed Book 708 at page 604.
TERMS OF SALE:
1. Joe R. Pyle Complete Auction & Realty Service will assist with the sale as auctioneer.
2. Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 60 days after the date of sale.
3. The Real Property shall be sold “AS IS” and “WITH ALL FAULTS.” Neither the Trustees, the auctioneer, nor their respective agents, successors, and assigns, make any representations or warranties with respect to the Real Property including, without limitation, representations or warranties as to the structural integrity, physical condition, construction, workmanship, materials, habitability, fitness for a particular purpose or merchantability of all or any part of the Real Property.
4. The Real Property will be sold subject to all unpaid real property taxes or assessments, personal property taxes or assessments, encumbrances and claims in favor of public service districts / municipal sanitary boards, if any, and also further subject to any covenants, restrictions, conditions, reservations, rights of way and easements affecting the Real Property recorded in the aforesaid Clerk’s office.
5. Settlement shall be by cashier’s check or wire transfer of immediately available federal funds, and shall occur within sixty (60) days from date of sale, TIME BEING OF THE ESSENCE.
6. Settlement shall occur in the offices of Joe R. Pyle Complete Auction & Realty Service or such other place as mutually agreed upon. The Trustees reserve the right to extend the date of settlement as may be necessary to complete arrangements for settlement.
7. The Good Faith Deposit, without interest, shall be applied to the credit of the foreclosure purchaser at settlement. If the purchaser fails to complete settlement, the Good Faith Deposit shall be forfeited, and the Trustees may resell the Real Property at the risk and cost of the defaulting purchaser.
8. Conveyance of the Real Property shall be by a trustee’s deed without representations or warranties, and the purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
9. The risk of loss or damage to the Real Property shall be borne by the purchaser from and after the bid strikedown at the time of sale.
10. The Trustees will not deliver possession of the Real Property to the purchaser, who shall be solely responsible for obtaining possession of the Real Property.
11. At the time of sale, the purchaser shall be required to execute a memorandum of sale (the “Memorandum of Sale”) which shall include, by reference, all the terms and conditions contained herein. The form of Memorandum of Sale shall be available from Joe R. Pyle Complete Auction & Realty Service upon request and will be available at sale time. Immediately upon the conveyance by the Trustees of the Real Property to the purchaser, all duties, liabilities and obligations of the Trustees, if any, with respect to the Real Property shall be extinguished.
12. Additional terms and conditions may be announced at the sale.
Dated: May 27th, 2019
FLOYD STINSON,
WILLIE F. STINSON, LOUELLA LONG, KEVIN STRADWICK AND LAVERNE THORN,
AS TRUSTEES OF THE AGAPE BAPTIST CHURCH
Int. June 1, 8, 2019