Public Notice


TO:John M. Wakim
John M. Wakim
36 Lava Avenue
Wheeling, WV 26003

Notice is hereby given that the undersigned Trustee, will sell at public auction to the highest bidder on:

Thursday, May 28, 2015, at 10:00 a.m.,

at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by John M. Wakim to James C. Gardill, Trustee, by Deed of Trust dated September 30, 2008, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1362, at page 432, and being described as follows:

The following described property situate in Ohio County, West Virginia, that is to say:

The following tract of land situate on the easterly side of a Lane sixteen (16) feet wide and the easterly line of Lava Avenue (formerly First Street), City of Wheeling, Triadelphia District, Ohio County, West Virginia and comprising part of the land east of said sixteen (16) feet wide lane, as shown on the Plat of Waddle, Cracraft and Foreman’s Subdivision, Lot No. 12, Poor House Farm, Ohio County, said plat being recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 72, at pages 460 and 461, and being more particularly bounded and described as follows:

Beginning at a point in the easterly line of said lane sixteen (16) feet wide at the most southerly corner of the hereindescribed tract, said beginning point being located N. 43* 45′ W. 104 feet from an iron pin in the northerly line of Lot 10, at its intersection with the easterly line of said lane sixteen (16) feet wide, as shown on said plat, said iron pin also being the most easterly corner or intersecting corner of the two lanes, mentioned above; thence from said beginning point and with said lane sixteen (16) feet wide, mentioned above, N. 43* 45′ W. (at 10 and 95/100) feet passing an iron pin and at 129 and 04/100 feet passing another iron pin and at 223 and 54/100 feet passing another iron pin) 247 and 5/10 feet to a point in the easterly line of Lava Avenue (formerly First Street) as shown on said plat; thence with the northerly extension of the easterly line of Lava Avenue, N. 10* 05′ W. 235 feet to a point in Big Wheeling Creek; thence up said creek S. 43* 45′ E. 443 and 09/100 feet to a point; thence leaving said creek and crossing through lands now owned by the parties of the first part hereto, S. 46* 15′ W. 130 and 27/100 feet to the place of beginning, containing by calculations, made from deeds and surveys one and thirty-two, one thousandths (1 and 032/1000) acres, more or less.

Being the same property conveyed to John M. Wakim and Charlene M. Wakim, husband and wife, by Melo Wakim and Laura Wakim, husband and wife, by deed dated November 21, 1985, and recorded in Ohio County Deed Book 628, at page 648; and to John M. Wakim by Charlene M. Wakim, by Quitclaim Deed dated April 22, 2008, and recorded in Ohio County Deed Book 785, at page 16 (Parcel One only).

Tax District: 10;
Tax Map: W81;
Parcel: 23.1

Property Address: 36 Lava Avenue, Wheeling, WV 26003

The terms of the sale will be as follows: Cash in hand on the day of sale. Sale of said property will be made subject to: (1) All prior exceptions, reservations, rights of ways easements, conditions, covenants, restrictions, leases and other servitude’s of record if any pertaining to said real estate: (2) any and all unpaid taxes assessed against said property: (3) The subject property will be sold in “as is” condition: (4) The Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property: (5) The Trustee will deliver a Trustee’s Deed to the purchaser without any covenant or warranty (expressed or implied) in the form prescribed by West Virginia Code Chapter 38-1-6. The Trustee makes no representations and warranties about the title of the real estate to be conveyed.

Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Trustee reserves the right to reject any or all bids. Additional terms and conditions shall be announced at the sale.

Any sale hereunder in which the property is encumbered by Federal Tax Liens will be subject to the 120 day redemption period pursuant to 26 U.S.C.A. Section 7424(d).

Given under my hand this 10th day of April, 2015.

/s/ James C. Gardill, Trustee

For information regarding sale, contact:
Andrew R. Thalman,
Esquire, Counsel
for Trustee
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. April 15, 22, 2015