NOTICE OF
TRUSTEE’S SALE
Notice is hereby given, that the undersigned Substitute Trustee, by the virtue of the authority vested in it by that certain Deed of Trust dated April 16, 2002 recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1148, at Page 450, executed by Sylvester L. Grant and Edward P. Prather, to Jenny N. Phillips, State Director of the Rural Housing Service for the State of West Virginia, or its successor agency, and the successors in office as State Director or Acting State Director, as Trustee, for the benefit of the United States of America, acting through the Rural Housing Service or successor agency, United States Department of Agriculture, will offer for sale at public auction at the front door of the Ohio County Courthouse, in Wheeling, West Virginia, on
January 15, 2020
at 11:02 a.m.
The following described property, with its improvements, easements and appurtenances thereunto belonging, situate in the Richland Country District, Ohio County, West Virginia, and more particularly described as follows:
PARCEL ONE: (Lot 51-A and Lot 51-B)
The north half of Lot Number Fifty-one (51) as shown and designated on a Map of Betty Zane Place, recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book 2, at Page 82, in Richland Country District, Ohio County, West Virginia.
Said north half of Lot 51 fronts 100 feet on the south side of said Second Avenue and extends in a southwesterly direction of equal width 115 feet, the easterly line thereof being adjacent to Third Street, all as shown on said Plat.
The said parties of the second part, by the acceptance of this deed, hereby covenant and agree on behalf of themselves, their heirs, administrators, executors and assigns, that no building, or any part thereof, except an open porch, piazza or stoop, shall be erected upon the property hereinabove conveyed nearer than fifteen feet from the front line of First Avenue, shown on said plat; nor shall any dwelling be erected thereon which shall cost less than the sum of Twenty-five Hundred Dollars ($2,500.00).
Said parties of the second part, by the acceptance of this deed, further covenant and agree on behalf of themselves, their heirs, administrators, executors and assigns, that the premises hereinabove mentioned and described and conveyed shall be used for residential purposes only; that no business house, sanitarium, hospital, saloon, place of public entertainment, resort, dance hall, or any other place of business of any kind or character shall be erected or maintained on the property hereinabove mentioned and described, or any part thereof.
Said parties of the second part, by the acceptance of this deed, further covenant and agree that any dwelling erected upon the above described property shall be connected with a sanitary sewerage disposal system.
The coal underlying the property hereinabove described, together with the mining rights and privileges are excepted and reserved and are not hereby conveyed.
PARCEL TWO: (Lot 51-C)
ALL of the following described piece or parcel of land situated in Richland District, Ohio County, West Virginia, being Lot Numbered Fifty One C (51-C) as shown on the Revised and Amended Map of the Betty Zane Place, which Map is to be recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia. Said Lot fronts fifty (50) feet on the northeasterly line of 1st Avenue, and extends northeastwardly of even width of said frontage one hundred ten (110) feet, and further described as the southwest quarter of Lot Numbered Fifty-One (51), which said Lot Numbered Fifty-One (51) appears in an original map of Betty Zane Place recorded in the aforesaid County Clerk’s Office in Plat Book No. 2, at Page 82.
EXCEPT the coal underlying the surface of said Lot, together with all the mining rights and privileges, as described in the Deed from J.L. Sawtell and wife to W.M. Dunlap, as recorded in said Office in Deed Book No. 104, at Page 111.
SAID second parties for themselves, their heirs and assigns, hereby covenant and agree not to build any structures on said Lot nearer than fifteen (15) feet from the front line of said Lot, including an open porch, piazza or stoop, and to erect any and all outbuildings on the rear part of said Lot. Approved sanitary disposal system required.
(Lot 51-D)
ALL of the following described piece or parcel of land situated in Richland District, Ohio County, West Virginia, being Lot Numbered Fifty-One D (51-D) as shown on the Revised and Amended Map of the Betty Zane Place, which Map is to be recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia. Said Lot fronts fifty (50) feet on the northeasterly line of 1st Avenue, and extends northeastwardly of even width of said frontage one hundred ten (110) feet, and further described as the southeast quarter of Lot Numbered Fifty-One (51), which said Lot Numbered Fifty-One (51) appears in an original map of Betty Zane Place recorded in the aforesaid County Clerk’s Office in Plat Book No. 2, at Page 82.
EXCEPT the coal underlying the surface of said Lot, together with all the mining rights and privileges, as described in the Deed from J.L. Sawtell and wife to W.M. Dunlap, as recorded in said Office in Deed Book No. 104, at Page 111.
SAID second parties for themselves, their heirs and assigns, hereby covenant and agree not to build any structure on said Lot nearer than fifteen (15) feet from the front line of said Lot, including an open porch, piazza or stoop, and to erect any and all outbuildings on the rear part of said Lot. Approved sanitary disposal system required.
At the time of the execution of the Deed of Trust, the property was reported to have a mailing address of 939 Betty Zane Road, Wheeling, WV 26003.
AND BEING the same real estate conveyed to Sylvester L. Grant and Edward P. Prather by Deed dated April 9, 2002, from Linda F. Showalter, Executrix of the Estate of Harry Williams Brookes, Linda F. Showalter and Theodore Z. Showalter, her husband, Susan J. Baker and Dale Baker, her husband and Brian W. Brookes and Debra Brookes, his wife and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 733, at Page 674.
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 of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions 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 11-22-1.
3) 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.
4) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate said 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 ACCORDINGLY.
5) The total purchase price is payable to the Trustee within thirty (30) days of the date of sale, with ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale. Title will be conveyed by Trustee’s Deed upon payment of balance. There will be no refund granted of any amount if the third party purchaser elects not to purchase the property for any reason.
6) For more information on this property, please see the listing on the PROPERTIES FOR SALE WEBSITE:
http://www.resales.
usda.gov/
CONTINUANCE OR
ADJOURNMENT OF SALE:
The Trustee or his assigns has the right to continue the sale or to adjourn the sale for a time or from time to time without further notice other than oral public announcement at the time and place appointed for such sale or at any continuance or adjournment thereof and correction made on the posted notices, which continuance shall be in the sole discretion of the Trustee.
Pill & Pill, PLLC,
Substitute Trustee
Dated this 5th day of December, 2019.
Richard A. Pill, Member
P.O. Box 440, 85 Aikens Center, Martinsburg, WV 25404
Phone – (304) 263-4971 Fax (304) 267-5840 email:
foreclosures@
pillwvlaw.com
Int. Jan. 3, 10, 2020