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 October 9, 2006, executed by Grexican, LLC to James C. Gardill to secure WesBanco Bank, Inc., of record in the office of the Clerk of the County Commission of Hancock County, West Virginia, in Book 1309, at Page 758. Thomas J. Decapio was appointed as Successor Trustee by Appointment of Successor Trustee dated June 21, 2019, of record in the Clerk’s Office in Book 1585, at Page 235 and rerecorded in Book 1309 Page 758. The borrower defaulted under the Note and Deed of Trust and Security Agreement and the Successor Trustee has been instructed to foreclose under the Deed of Trust and Security Agreement. Accordingly, the Successor Trustee will sell the following described real property, along with any interest in and to all equipment, whether any of the foregoing is owned now or acquired later, all accessions, additions, replacements, and substitutions relating to any of the foregoing, all records of any kind relating to any of the foregoing, all proceeds) relating to any of the foregoing (including insurance, general intangibles and account proceeds, and all other personal property owned by the Borrowers now or at any time hereafter in or on the Mortgaged Premises and in 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 50 and 54 Carmel Road, Wheeling, Ohio County, West Virginia, 26003 on: SEPTEMBER 10, 2019 AT 10:00 A.M.
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 ACCORDI NGLY.
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 ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the trustee at sale by cashiers check, cash or equivalent. A ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) buyer’s premium will apply to the final bid price.
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.
EXHIBIT A
Three parcels of land situate near Edgington Lane, Wheeling, Ohio County, West Virginia, and more particularly described as follows:
PARCEL I:
Lot Number 31 on the plat of Edgington, which plat was made by F. L. Hoge, surveyor, and is duly recorded in Deed Book 85, page 639, in the office of the Clerk for Ohio County, West Virginia, to which references hereby made for a full description of said lot; said lot has a frontage of 48.03 feet on the thirty (30) foot roadway known as Poplar Street (now Carmel Road) running northwardly from Edgington Lane to a road laid out by 0.C. Dewey and extends eastwardly from said Poplar Street with the north line of Lot 30; 131.54 feet to the line of Lot 29; thence westwardly 124.42 feet to said Poplar Street; thence with the same southwardly 48.03 feet to the place of beginning.
PARCEL II:
A certain lot or parcel of land near Edgington Lane, in the City of Wheeling, Ohio County, West Virginia, being Lot Numbered Thirty (30) as designated on the plat of W. F. Hoge’s Subdivision of Division “B” of Edgington, which plat is recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 85, at page 639. Said Lot Numbered Thirty (30) is more particularly bounded and described as follows: Beginning at a stake at the intersection of the north line of the first alley north of Edgington Lane and the thirty-foot street running northwardly from said lane, parallel with the line of the Elm Grove Railway Company, and being the southwest corner of said lot; thence with the north line of said alley, eastwardly 138.70 feet to a stake; thence northwardly 46.67 feet to a stake corner to Lot Numbered Thirty-one (31); thence with the line between Lots Numbered Thirty (30) and Thirty-one (31), westwardly 131.54 feet to a stake on the east side of said thirty-foot street; thence with said east line of said street, southwardly 48.03 feet to the beginning.
PARCEL Ill:
All that piece or parcel of land known as Lot Numbered Thirty-two (32) in W. V. Hoge’s Subdivision of Lot “B” of the Edgington Farm in Triadelphia District, Ohio County, West Virginia, a plat of which subdivision is of record in the office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book No. 85, page 639.
Together will all and singular the buildings and improvements thereon and the appurtenances and hereditaments thereunto belonging.
Being the same property conveyed to Grexican, LLC by deed from Mary Ann Miller, Executrix under the Will of Robert J. Miller, deceased, dated August 15, 2005 and recorded in Ohio County Deed Book 761, at page 651.
The following lot or parcel of land situate in the City of Wheeling, Triadelphia District, Ohio County, West Virginia, and comprising the northerly part of Lots Numbered 15 and 16, as shown on the Map of W. V. Hoge’s Subdivision of Division “B”, Edgington Lots, said map being recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 85, at Page 639 and being more particularly bounded and described as follows:
Beginning at a cross cut on the concrete curb at the intersection of the east line of Carmel Road (formerly Poplar Street) with the south line of Alley “A”, as shown on the Map of W. V. Hoge’s Subdivision, said beginning cross being also the beginning point of Parcel No. 1 in the deed from Charles C. Craver and Irene Craver, his wife, to Patrick Francis Counihan and Justina Counihan,by deed dated July 26, 1928, and recorded in said County Clerk’s Office in Deed Book 214, at Page 452; thence from said beginning cross, and following along the southerly side of said Alley “A”, N. 57″ 07” E.(at 31 and 73/100 feet passing the division line between Lots Nos. 15 and 16) 86 and 73/100 feet to a stake at the intersection of the division line between Lots Nos. 14 and 15 with the said southerly side of Alley “A”; thence leaving Alley “A” and with the said division line between Lots Nos. 14 and 15, S 2′ 36′ E. (at 24 and 3/10 feet passing the division line between Parcels 1 and 2 in said deed from Craver to Counihan) 51 and 3/10 feet to the most easterly corner of the said Parcel 2; thence leaving the said division line between Lots Nos. 14 and 15 and with the southerly side of said Parcel 2, S 71* 39′ W. (passing the division line between said Lots Nos. 15 and 16) 91 and 45/100 feet to a stake in the easterly side of Carmel Road, which is also the westerly side of said Lot No. 16; thence following the easterly side of Carmel Road, N.18′ 05′ W .(at 4 feet passing the division line between Parcels 1 and 2) 29 feet to the place of beginning, as contained in survey made by Stegman
& Schelhase, Inc., Registered Engineers, dated June 28, 1952.
This conveyance is subject, however, to the said reservations and restrictions as are mentioned and contained in the deeds from Gertrude G. Habig and Ambrose F. Habig, her husband, to Charles C. Craver, dated May 21, 1923, and December 30, 1924, and, recorded in the aforesaid County Clerk’s Office in Deed Books 198 and 187, at Pages 185 and 495, respectively.
Auditor’s parcel number: 0290
The above-described real property is known for street numbering purposes as 54 Carmel Road, Wheeling, WV 26003.
Address: 50 and 54 Carmel Road
Tax Map or Parcel ID No.:
W40 0290 0000 0000
W40 0289 0000 0000
W40 0288 0000 0000
W40 0287 0000 0000
Given under my hand this 16th day of July, 2019
By: Thomas J. Decapio, Esq.
Successor Trustee
Frankovitch, Anetakis, Simon, Decapio &
Pearl, LLP
529 Carolina Avenue,
Chester, WV 26034
Phone: 304-387-4400
Int. July 19, 26, 2019