NOTICE OF
SUCCESSOR TRUSTEE’S SALE
Notice is hereby given, by virtue of the authority vested in the undersigned Successor Trustees, Jordan V. Palmer and R. Douglas Calderwood, by that certain Deed of Trust made by Neil F. Ferguson and Diane O. Ferguson, dated November 2, 2007 and recorded November 2, 2007 in the office of the Clerk of the County Commission of Ohio County, West Virginia in Trust Deed Book 1339 at page 188, the said Successor Trustees acting by virtue of that certain Appointment of Successor Trustee dated May 17, 2018 and recorded May 29, 2018 in the aforesaid Clerk’s office in Trust Deed Book 1564, at page 243, and default having been made in the payment of the Note secured by the aforesaid Deed of Trust, and having been requested in writing by the owner and holder of the Note, will offer for sale, at public auction, to the highest bidder at the front door of the Courthouse of Ohio County, West Virginia, on January 23, 2020 at 11:00 a.m., all that certain lot, piece or parcel of real property, together with improvements thereon, situate in Wheeling, Richland District, Ohio County, West Virginia, being more particularly bounded and described as follows:
All of lot numbered One hundred fourteen (114) of the First Addition to Warwood Terrace situated in Richland District, Ohio County, West Virginia, and being more particularly bounded and described as follows:
Commencing at a stake located at the intersection of the division line between lots numbered One hundred thirteen (113) and One hundred fourteen (114) with the easterly line of the Thirty (30) foot street designated Walnut Avenue; thence with the easterly line of same (all bearings being of the same meridian as that used on the “Map showing Warwood Terrace” recorded in the office of the Clerk of the County Court of said County in Plat Book number 2 at page 97) N. 1* 22′ E. 45 feet to a stake at the southwest corner of lot numbered One hundred fifteen (115); thence with the division line between lots numbered One hundred fourteen (114) and One hundred fifteen (115) S. 88* 38′ E. 145 and 15/100 feet to a stake in the westerly line of the Thirty (30) foot street called Cherry Avenue; thence with the westerly line of same S. 6* 38′ E. 35 feet to a stake located at the northeast corner of lot numbered One hundred thirteen (113); thence with the said division line between lots numbered One hundred thirteen (113) and One hundred fourteen (114), S. 87* 24′ W. 150 and 4/10 feet to the place of beginning.
Said lot numbered One hundred fourteen (114) hereby conveyed being more fully shown on the “Revised Map of Part of the First Addition to Warwood Terrace” recorded in the aforesaid County Clerk’s office in Deed Book No. 423, at page 367.
There is excepted from the above described lot all the coal underlying same, together with such mining rights and privileges that have heretofore been conveyed.
This conveyance is subject to the covenants, conditions, reservations and restrictions contained in the Deed from Home Builders Corporation, a West Virginia Corporation, to John Herman Meek and Helen W. Meek, his wife, by deed dated the 3rd day of June, 1937, and recorded in the office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 245, at Page 461.
Being the same property which was heretofore conveyed to Neil F. Ferguson and Diane O. Ferguson, husband and wife, by Margaret Ann Stenger, Executrix of the Estate of James W. Carney, Jr., deceased, by a Deed dated the 29th day of October, 2007, and recorded in the aforesaid County Clerk’s office in Deed Book No. 780, at page 612.
At the time of execution of the deed of trust, the grantor represented that the address of the property was 114 Warwood Terrace, Wheeling, WV 26003.
TERMS OF SALE: The Premises will be sold “AS IS, WHERE IS,” in its present condition and with all faults and defects, if any. The Premises will be conveyed by deed with no covenants of warranty of title. The Premises shall be sold subject to all liens not discharged by the sale, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges and liens with priority to the Deed of Trust pursuant to which this sale is being conducted. The Premises shall be sold subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s office or visible upon the ground. The Premises will be sold for cash in hand on the date of sale to the highest bidder. The purchasers at the sale shall be responsible for paying the recording costs and also the tax on the privilege of transferring real property (the cost of the tax stamps to be affixed to the deed). The Successor Trustees and United Bank shall not be responsible for the removal of any person or personal property from the Premises.
Pursuant to the Deed of Trust, the Successor Trustees may postpone the sale by public announcement at the time and place designated and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the Premises at such sale.
Dated: Dec. 20, 2019
Jordan V. Palmer, Esq.
R. Douglas Calderwood
Successor Trustees
200 Capitol Street
Charleston, WV 25301
304-347-4253
N.R. Jan. 2, 9, 2020