TRUSTEES’ SALE OF VALUABLE REAL ESTATE
10 Wren Court,
Wheeling, WV 26003
The undersigned Trustees, by virtue of the authority vested in them by that certain deed of trust dated April 1, 2017, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1543, at page 504, Donald Marx did convey unto Carl D. Andrews, Esq., Trustee, certain real property described in said deed of trust; and the beneficiary has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute Trustees 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 Trustees, 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, 1500 Chapline Street, Wheeling, West Virginia 26003 on:
January 24, 2020
At 1:00 PM
The following described property situate on the Southeasterly side of Wren Court in the City of Wheeling, Richland District, Ohio County, West Virginia, that is to say:
Parcel I
Lot numbered one hundred forty-nine (149), as designated and defined on the Plat of North Park (Section II), which plat is recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book No. 3, at Page 91.
Said Lot is subject to the utility and other easements as the same are shown on said plat there is excepted and reserved from this conveyance for the benefit of interstate Construction Company, its successors and assigns, the right to use said Casements in common with the second parties and the owners of said lots shown on said plat, together with the right of interstate construction company, its successors and assigns, to go upon the property hereby conveyed for the purpose of repairing, renewing and maintaining any utility lines located thereon or therein.
There is also excepted and reserved from the lot hereby conveyed all of the coal underlying same together with such mining rights and privileges that have been heretofore excepted and or conveyed.
The party of the second part hereby covenant with the party of the first part that real estate hereby conveyed shall be subject to the following conditions and restrictions
1. All lots shall be used for residential purposes only no structure shall be erected, altered, placed or permitted to remain on any lot other than A One (1) To Two (2) family dwelling, which may be a duplex or row house, not to exceed three and one-half (3-1/2) stories in height, and a private garage for not more than four (4) cars, which garage shall be installed in the basement of, or directly attached to said dwelling by a breezeway.
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 setback lines shown on the plat.
3. No trailer, basement, tent, shack or garage shall at any time be temporality or permanently used as a residence, nor shall any structure of any temporary character be used as a residence.
4. No boat, trailer, truck, automobile, or other 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
5. 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 in front lawn area of said lot; provided however, that such retaining wall shall not extend above the grade of the lawn of said lot.
6. No noxious or offensive trade or activity shall be earned on upon any lot. nor shall anything be done thereon which may be or become annoyance or nuisance to the neighborhood.
7. 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 o discharged into said sewer lines.
8. Streams and water courses for surface drainage shall not be obstructed, relocated or change in any way be any purchaser.
9. 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 shall be covenants running with the land and may be enforced by the owner or owners of North Park (Section 11) or of any lot therein, against the owner of 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 December 1, 1992 and thereafter until such time as an instrument signed by 60{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} 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 Hill Force and Effect.
Parcel II
The following described parcel of land situate in the City of Wheeling, Richland-Washington District, Ohio County, West Virginia, and being more particularly described as follows:
Being at a point in the most easterly corner of lot No. 133. As the said lot No. 133 is shown on a plat of North Park, Section 11, and being of record in the Office of the Clerk of the County commission of Ohio County, West Virginia, in Plat Book No. 3, at page 91;
Thence from the said place of beginning and with the northeasterly line of the said lot No. 133, N. 43 degrees 44 minutes W 24 feet to a point at the most southerly corner of Lot No. 149;
Thence with the Southeasterly line of said lot No. 149, n. 46 degrees 16 minutes E. 24.50 feet to a point;
Thence with the southeasterly extension of the division line between lots no. 149 and No. 148, S. 43 degrees 44 minutes E. 88.85 feet to a point;
Thence S. 43 degrees 22 minutes 30 seconds W. 24.53 feet to a point;
Thence with the Southerly extension of the Northeasterly line of Lots No. 133, N. 43 degrees 44 minutes W. 66.09 feet to the place of beginning, containing 2,192 square feet of land, more or less, and being the southeasterly extension of the said lot no. 149.
There is excepted and reserved from the parcel of land hereby conveyed all of the Coal underlying same together with such mining rights and privileges that have been heretofore excepted and or conveyed.
The party of the second part hereby covenant with the party of the first pan that the real estate hereby conveyed hall be subject to the following conditions and restrictions.
1. Said parcel of land shall be used for residential purposes only.
2. No structure, except an open porch, piazza or stoop, shall be located on said parcel of ground within twenty (20) feet of the northeasterly line of Eagle Avenue.
3. No trailer, basement, tent, shack or garage shall at any time be temporality or permanently used as a residence, nor shall any structure of any temporary character be used as a residence.
4. No boat, trailer, truck, or camper shall be parked, placed or permitted to remain on said lot unless the same is completely and wholly within the private garage located thereon
5. No fence or wall shall be erected or maintained on said property within twenty (20) feet of the Northeasterly line of Eagle Avenue, except retaining walls protecting the entrance to a basement garage or retaining walls protecting slopes in front lawn area, provided, however, that retaining wall shall not extend above the grade of the lawn.
6. No noxious or offensive trade or activity shall be carried on upon said property nor shall anything be done thereon which may be or become annoyance or nuisance to the neighborhood.
7. No rain or surface water shall be drained, emptied or discharged into the sanitary sewer line constructed on said property, and only sanitary sewage and household wastes shall be drained, emptied or discharged into said sewer line.
8. Streams and water courses for surface drainage shall not be obstructed, relocated or changed in any way be any purchaser.
9. 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 property; 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 shall be covenants running with the land and may be enforced by the owner or owners of any portion of the property hereby conveyed or by interstate construction company, its successors and assigns. Invalidation of any one of said covenants by judgment or court order shall in no wise affect any of the other provision which shall remain in full force and effect.
There is excepted and reserved a ten (10) foot right of way running across said property and more particularly bounded and described as follows:
Beginning at a point in the Northeasterly line of Eagle Avenue and at the Most Southerly corner of that parcel of land, containing 0.624 of an acre, conveyed by interstate construction company to Cliff Sliger, et al. by deed dated August 8, 1977 and being of record in the office of the clerk of the county commission of Ohio County, West Virginia, in deed Book No. 577, at page 639;
Thence leaving Eagle Avenue and with a line that is parallel to the southeasterly line of the said 0.624 of an acre parcel of land and 10.00 feet distant, measured at right angles in a northwesterly direction from the said southeasterly line, N. 43 degrees 22 minutes 30 seconds E. 284 19 feet to a point in the northeasterly line of the said 0.624 of an acre parcel of land;
Thence with the said northeasterly line of the 0.624 of an acre parcel of land, S. 43 degrees 44 minutes E. 10.01 feet to a point;
Thence with the southeasterly line of the said 0.624 of an acre parcel of land, S. 43 degrees 22 minutes 30 seconds W. 28.98 feet to the place of beginning.
For informational purposes only: Address: 10 Wren Court, Wheeling, WV 26003 Parcle ID: W30A 0149 0000 0000 & W30A 0149 0002 0000
Being the same property conveyed to Donald Marx by deed from Donald Max, administrator of the estate of Janet Ellen Marx, deceased 03/07/2012 in Deed Book 834, Page 747, in the Clerk’s Office of the County Commission of Ohio County, West Virginia.
The aforesaid property is SUBJECT TO any and all easements, rights-of-way, conditions, covenants and restrictions of record or in existence.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The property is sold subject to an accurate survey at purchaser’s expense.
The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trust, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, without further notice, by announcement at the time and place of sale describe above or any adjournment thereof. The Trustees reserve the right to reject any and all bids.
The subject property will be sold in “AS IS” condition. The Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code Section 38-1-6. The Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: $4,000.00 cash in hand at the time of sale in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract” and the balance in cash closing within 30 days of the date of the sale. Purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisen
berg.com
Int. Dec. 12, 19, 2019