TRUSTEE’S SALE OF
VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in it by that certain Deed of Trust dated February 18, 2021, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1624, at Page 660, Ray Sowden did convey unto Teays Valley Trustee LLC, Trustee, certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Pill & Pill, PLLC as Substitute Trustee by a Substitution of Trustee recorded in the aforesaid Clerk’s Office; and default having been made under the aforementioned Deed of Trust, and the undersigned Substitute Trustee having been instructed by the secured party to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse, in Wheeling, West Virginia, on
July 9, 2025 , at
10:38 AM
The following described real estate, with its improvements, easements and appurtenances thereunto belonging, situate in the Richland-Washington District, Ohio County, West Virginia, and more particularly described as follows:
The land referred to herein below is situated in the County of Ohio, State of West Virginia and is described as follows:
The following lot or parcel of land situate on the easterly side of River Hills Road, Richland – Washington District Road, Richland-Washington District, (formerly Richland District), Ohio County, West Virginia, and comprising all of Lot 63 as shown on an unrecorded Plat of River Hills, Section I, said plat being on file in the office of Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Wheeling, West Virginia, and being more particularly bounded and described as follows:
Beginning at a point in the easterly line of River Hills Road at its intersection with the division line between Lots 62 and 63 as shown on said unrecorded plat, said beginning point being located the following three (3) bearings and distances from a point at the intersection of the southerly line of Rogers Road with the division line between Lots 56 and 57 as shown on the Plat of Home Acres and Bungalow Land, said plat being recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book I, at page 206: N. 15 Degrees 55 Minutes E. 30 feet to a point; thence N. 74 Degrees 05 Minutes W. 395 and 83/100 feet to a point; thence N. 15 Degrees 55 Minutes E. 90 feet to said beginning point; thence from said beginning point and with said easterly line of River Hills Road, N. 15 Degrees 55 Minutes E. 90 feet to a point in the division line between Lots 63 and 64 as shown on said unrecorded plat; thence leaving River Hills Road and with said last mentioned division line, S, 74 Degrees 05 Minutes E. 120 feet to a point at a common corner to Lots 63, 64, 67 and 68 as shown on said unrecorded plat; thence with the division line between Lots 63 and 67, S. 15 Minutes 55 Minutes W. 90 feet to a point at a common corner to Lots 62, 63, 66 and 67 as shown on said unrecorded plat; thence with the aforementioned division line between Lots 62 and 63, N. 74 Degrees 05 Minutes W. 120 feet to the place of beginning.
There is excepted and reserved from this conveyance, however, a right of way and easement for utility purposes extending across the entire front of said lot a distance of ninety (90) feet, five (5) feet in width measured in an easterly direction from the front line thereof as the same abuts upon River Hills Road.
There is further excepted and reserved from this conveyance a right of way and easement for sanitary sewer purposes which right of way extends along the division line between the said lot hereby conveyed and Lot Sixty-seven (67) an even width of seven and one-half (7-1/2) feet from said division line, as well as a similar right of way and easement for such purposes extending along the division line between the said lots hereby conveyed and Lot Sixty-four (64) a distance of One Hundred Twenty (120) feet, seven and one-half (7-1/2) feet in width, measured in a southerly direction from the division line between said Lots Sixty-four (64) and Sixty-three (63) as the same is shown and defined upon said Plat of River Hills.
There is excepted and reserved from this conveyance all of the Pittsburgh or Wheeling vein of coal and all coal below the same, underlying said lots, together with the mining rights and other rights conveyed by Mary F. Hazlett, et al, to Debbie N. Dunlap by Deed dated the 28th day of November, 1900, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia in Deed Book 104, at page 99.
This conveyance is made subject to the following covenants, conditions, and restrictions:
(l) All lots shall be used for residential purposes only. No tract or lot shall be subdivided by any purchaser. No structure shall be erected, altered, placed, or permitted to remain on any lot other than one (1) single family dwelling not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than three (3) cars. Notwithstanding the foregoing provisions, Lots 10 through and including 15, Lots 78 through and including 91A and Lots 300 through and including 319, as shown in said subdivision, may be used for multifamily dwellings. In the event that Lots 10 through and including 12 are not used for multi-family dwellings, then and in such event said lots may be used for a park or a recreational area.
(2) No structure except an open porch, piazza or stoop shall be located on any lot nearer to the front lot line or nearer the side street line than the building set back line on the plat; and plans and specifications for the construction of any building upon said lot shall be submitted to the grantor herein for approval which such approval will not be unreasonably withheld.
(3) All dwellings constructed upon said Lots shall cost not less than Thirty Thousand Dollars ($30,000.00) based upon building and construction costs as of March, 1976.
(4) No trailer, basement, tent, shack, or garage shall at any time be temporarily or permanently used as a residence, nor shall any structure of any temporary character be used as a residence.
(5) Except for travel trailers, no truck (except for small pickup trucks of less than 3/4 ton) trailer, tractor or abandoned automobile or any other abandoned motor vehicle shall be parked, placed, or permitted to remain on said lot unless the same is completely and wholly within the private garage located thereon. Boats, boat trailers, canoes, travel trailers, motor homes, house trailers and other similar equipment shall be parked on a lot as to minimize exposure to public view and shall be parked at the interior rear of all lots, or shall be placed wholly within said private garage.
(6) No fence or wall shall be erected or maintained on any lot nearer the street line than the front wall of the dwelling on said lot, except retaining walls protecting the entrance to a basement garage or retaining walls protecting slopes and front lawn area of said lot; providing, however, that such retaining walls shall not extend above the grade of the lawn of said lot.
(7) All driveways shall be surfaced with asphalt, concrete, or similar hard surface.
(8) No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become any annoyance or nuisance to the neighborhood.
(9) No business or commercial enterprise of any kind or nature shall be operated on any lot.
(10) No advertising or signs shall be permitted on any lot, except those of the builder during construction, and except signs advertising said lot for sale.
(11) No animals, livestock or poultry shall be raised, bred or kept on any lot, except that household pets, such as cats and dogs, may be kept on the lot provided they are not kept for any other purpose than as pets in the owner’s household.
(12) All weeds and tall grass on any lot shall be cut regularly. After giving three (3) days’ notice to the owner of any lot on which weeds or tall grass have not been cut, any other lot owner may enter upon the land to cut the same, and the owner of the lot so cut shall be liable to such other lot owner for such service.
(13) No rain or surface water shall be drained, emptied, or discharged into the sanitary sewer lines located as shown on said plat, and only sanitary sewage and household wastes shall be drained, emptied or discharged into said sewer lines.
(14) Water courses for surface drainage and streams on or bordering the lot hereby conveyed shall not be obstructed, relocated or changed in any way by any purchaser. Where the terrain permits, all water from downspouts shall be carried in a conductor pipe to the driveway or street. Otherwise, such water shall be carried in a conductor pipe away from the home in such a manner that it will cause no damage to adjacent property.
(15) No right, license, or privilege shall be granted any person, firm or corporation to erect or use or permit the use of, overhead wires, poles or overhead facilities of any kind, for electrical, telephone or television services on said lot; provided, however, that ornamental yard lighting serviced by underground wires or cables and the erection of private television antennas by the owner or occupant of the residence erected on said lot shall be permitted.
All of the foregoing covenants are covenants running with the land and may be enforced by the owner or owners of River Hills, or of any lot therein, against the owner or owners of the lot or tract upon which any violation thereof occurs. Said covenants shall be binding upon all purchasers and all persons claiming under them until January I, 1993, and thereafter until such time as an instrument signed by 60% of the then owners of lots shown on said plat has been recorded, agreeing to change said covenants in whole or in part. Invalidation of any one of said covenants by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect.
Being the same property which was heretofore conveyed to Kathleen Sulek by Ray Sowden by a Deed dated the 141h day of May, 2008, and recorded in the aforesaid County Clerk’s office in Deed Book NO. 785, page 162
At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of 104 River Hill Road, Wheeling, WV 26003.
AND BEING the same real estate which was conveyed to Ray Sowden and Carrol L. Vore, by Deed dated May 14, 2008, from Kathleen Sulek, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 785, at Page 166.
The above-described property will be sold subject to any covenants, restrictions, easements, leases and conditions of record, and subject to any unpaid real estate taxes.
The subject property will be sold in “AS IS” condition. The Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
TERMS: Ten percent (10%) of the purchase price as a deposit with the balance due and payable within 30 days of the day of sale. Pill & Pill, PLLC,
Substitute Trustee
Richard A. Pill, Member
P. O. Box 440,
85 Aikens Center,
Martinsburg, WV 25404
Phone (304) 263-4971,
Fax (304) 267-5840,
e-mail:
foreclosures@
pillwvlaw.com
N.R. Jun 19, 26, Jul 3, 2025