Ohio

Public Notice

TRUSTEE’S SALE OF VALUABLE REAL ESTATE
The undersigned Substitute Trustee, by virtue of the authority vested in him by that certain Deed of Trust, dated November 7, 2005, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Document No. 1632057, in Book No. 1283, at Page 151, Ernest M. Pandelos did convey unto James C. Gardill, Trustee(s), certain real property described in said Deed of Trust; and the beneficiary has elected to appoint Seneca Trustees, Inc., as Substitute Trustee by a Substitution of Trustee dated November 27, 2009 and 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 Bayview Loan Servicing, LLC, a Delaware Limited Liability Company to foreclose thereunder, will offer for sale at public auction at the front door of the Ohio County Courthouse in Wheeling, West Virginia, on

September 4, 2015
at 1:00 PM

the following described real estate, together with its improvements, easements and appurtenances thereunto belonging, situate in Bethlehem District, Ohio County, West Virginia, and more particularly described as follows:
PARCEL ONE: The following described tracts or parcels of land, that is to say:

Tract I: All of the following described tract or parcel of land situate in the Village of Bethlehem, Ritchie District, Ohio County West Virginia, and being more particularly bounded and described as follows:

Beginning at a stake in the southerly right of way line of the Wheeling and Elm Grove Road (West Virginia State Route 91), said stake being the most westerly corner of the tract of land that was conveyed by Walter H. Wayman and wife to the Board of Commissioners of Ohio County, West Virginia, by deed duly recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book 222, at page 376; thence from said beginning a stake, and with the said southerly right of way line of State Route 91, S. 67E 01′ E. 522 and 86/100 feet to a stake at another corner to said Board of Commissioners’ property; thence with lines of the said Board of Commissioners’ property, the following two (2) bearings and distances: S. 11E 35′ W. 223 and 86/100 feet to a stone monument; thence S. 56E 40′ E. 480 and 83/100 feet to a stone monument in a line of the lands now or formerly owned by Garvin; thence with said Garvin lands, the following two (2) bearings and distances: S. 29E 18′ W, 211 and 32/100 feet to a stake; thence N. 74E 30′ W. 1332 and 92/100 feet to a stake in a line of Ridgecrest; thence with Ridgecrest, N. 08E 26′ W. 170 and 3/10 feet to a stake in a line of the lands now or formerly owned by Wayman Estate; thence with said Wayman Estate down the meanderings of a run, the following four (4) bearings and distances: N. 64E 00′ E. 115 and 5/10 feet to a stake; thence N. 76E 54′ E. 169 and 92/100 feet to a stake; thence N. 50E 15′ E. 293 and 4/10 feet to a stake; thence N. 48E 13′ E. 106 and 51/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Thirteen and Eighty-nine Hundredths (13 and 89/100) Acres, more or less.

There is excepted and reserved from the said 13 and 89/100 Acres Tract, the following described parcel of land containing 719/1000 of an acre, together with a right of way leading from said Wheeling and Elm Grove Road to said 719/1000 of an acre parcel and being more particularly bounded and described as follows:

Beginning at a stake in the southerly line of a right of way or roadway, twenty-two (22) feet wide, hereinafter mentioned, said stake being located S. 26E 30′ 40″ E. 180 and 71/100 feet from the beginning stake of the said 13 and 89/100 acre tract; thence from said beginning stake, and crossing through said 13 and 89/100 acre tract, the following seven bearings and distances: S. 06E 33′ W. 150 feet to a stake; thence N. 77E 33′ W. 291 and 3/10 feet to a stake in the southerly line of said right of way or roadway, twenty-two (22) feet wide; thence with the southerly side of said roadway, the following five (5) bearings and distances: N. 48E 37′ E. 78 and 47/100 feet to a stake; thence N. 73E 55′ E. 78 and 4/100 feet to a stake; thence N. 63E 07′ E. 77 and 95/100 feet to a stake; thence S. 84E 08′ E. 74 and 8/10 feet to a stake; thence S. 57E 55′ E. 28 and 3/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, Seven Hundred Nineteen Thousandths (719/1000) of an Acre, more or less.

There is also included with this exception of the said 719/1000 of an acre parcel, the right for the owners of said 719/1000 of an acre parcel to use the aforementioned right of way or roadway, twenty-two (22) feet Wide.

There is also included with this exception another right of way or roadway, twenty-two (22) feet Wide, leading from the said 719/1000 of an acre parcel in a northeasterly direction to the said Wheeling and Elm Grove Road (West Virginia State Route 91), the location of said last mentioned right of way to be determined at a later date. Both of the said above-mentioned roadways or right of ways are to used in common by all of the abutting property owners, their tenants, agents, heirs, executors, administrators and assigns.

The parcel of land hereby described contains Thirteen and One Hundred Seventy-one Thousandths (13 and 171/1000) Acres, more or less.

Together with all and singular, the buildings and improvements situate thereon, and the appurtenances and hereditaments thereunto belonging.

Excepting, however, the coal underlying the same, which has been sold, and any rights and privileges given the natural gas company, electric company, and oil and gas companies, which rights have already been granted, and also excepting and reserving the right and use of a road through and over said land as provided in the deed from Agnes V. Wayman, et al., to Walter H. Wayman, as the same applies to said 13 and 171/1000 acre tract.

Being the same property conveyed to Ernest Pandelos, unmarried, by Mary P. Logamarcino, widow, by deed dated August 25, 1959, and recorded in the Office of the clerk of the County Commission of Ohio County, West Virginia, in Deed Book 411, at page 497.

There is also excepted this deed, that tract or parcel of land conveyed by the said Mary P. Logamarcino, Widow, and the said Ernest Pandelos, divorced, to William C. Steere, by deed dated the 4th day of August, 1959, and duly of record in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 411, at page 196; and reconveyed by Ernest Pandelos, unmarried, to William C. Steere by Deed dated September 10, 1959, and of record in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Deed Book No. 412, page 240.

There is also excepted and reserved that tract conveyed by Ernest Pandelos, unmarried, to William C. Steere, et ux, dated April 26, 1960, of record in said clerk’s office in Deed Book No. 417, page 393.

Tract II: A parcel of real estate situate at Bethlehem, in Ritchie District, Ohio County, West Virginia, and more particularly bounded and described as follows, to-wit:

Beginning at a point in the original westerly line of the Wayman farm where the same is intersected by the southwesterly line of a 6.667 acre parcel of land, which was conveyed by the Wayman heirs to the Board of Commissioners of Ohio County, by deed dated September 10, 1930 and recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, In Deed Book 223, page 217; thence with the southwesterly lines of said parcel the following courses and distances: S. 75E 43′ E. 24.5 feet; thence by a curve to the right having a radius of 580 feet: 425.67 feet: thence S. 33E 40′ E. 226.48 feet; thence by a curve to the left having a radius of 780 feet, 243.0 feet to a point in the northwesterly line of a 22.26 acre parcel of land, which was conveyed by Agnes V. Wayman et al. to Walter H. Wayman by deed dated April 19, 1902 and recorded in said Clerk’s Office in Deed Book 109, page 452; thence with the northwesterly lines of said 22.26 acre parcel, S. 54E 50′ W. 293.37 feet; thence S. 72E 48′ W. 172.92 feet; thence S. 62E 39′ W. 116.5 feet to a point in said original westerly line of said Wayman farm corner to lands now or late of the Charles Fisher estate; thence with said original westerly line and With the lands of said Fisher estate and the Woodward Schmidt estate N. 11E 22′ W. 880 feet more or less to the place of beginning; containing 8 acres more or less, all bearings being as called for in the respective deeds.

Being the same property conveyed to Ernest Michael Pandelos, by W. Eugene Wayman and Mabel V. Wayman, his wife, by deed dated November 15, 1962, and recorded in said Clerk’s Office in Deed Book 441, at page 64.

Also being the same property conveyed to Ernest Michael Pandelos, by Mary A. Wayman, single, by deed dated November 30, 1962, and recorded in said Clerk’s Office in Deed Book 441, at page 66.

PARCEL TWO: The following tract of land situate on the southerly side of West Virginia State Route No. 88 (Wheeling-Elm Grove Road), Village of Bethlehem, Ritchie District, Ohio County, West Virginia and being more particularly bounded and described as follows:

Beginning at a stone monument at the southeasterly corner of the herein described tract, said monument being a common corner to the 13 and 89/100 acre tract of land that was conveyed by Mary P. Logamarcino, widow, to Earnest Pandelos by Deed dated August 25, 1959, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia in Deed Book 411, at page 497, and the 27 and 335/1000 acre tract of land that was conveyed by James B. Garvin, et ux, et al, to Robert G. Wilson and Jean C. Wilson, his wife, by Deed dated September 11, 1971, and recorded in said County Clerk’s Office in Deed Book 526, at page 522, and a 6 and 458/1000 acre tract of land formerly owned by the Village of Bethlehem; thence from said beginning monument and with said 13 and 89/100 acre tract the following two (2) bearings and distances: N. 56E 40′ W. 480 and 83/100 feet to a stone monument; thence N. 11E 35′ E. 212 and 13/100 feet to a point in the southerly line of West Virginia state Route No. 88; thence with same S. 67E 00′ 29″ E. 547 and 51/100 feet to a point at the northwesterly corner of the aforesaid 6 and 458/1000 acre tract; thence with the westerly line of same S. 29E 18′ W. 296 and 04/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors on January 31, 2001, two and nine hundred thirty-six one thousandths (2 and 936/1000) acres, more or less, a copy of which survey (Map of 2.936 Acre Tract of Land) is recorded in said Clerk’s Office in Deed Book 730, at page 527.

Said 2 and 936/1000 acre tract being subject to any and all conditions, exceptions, reservations, stipulations, rights of way, easements, etc., as may be contained in former deeds.

Being the same property conveyed by the Village of Bethlehem, a municipal corporation, to Ernest M. Pandelos, by Deed dated November 9, 2001, and recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 730, at page 524.

The use of the property shall be restricted to commercial use in accordance with the Zoning requirements and Building Code requirements of the Village of Bethlehem; provided however, that the Property shall never be utilized for the sale and distribution of liquor or intoxicating beverages, sale or distribution of adult oriented material; conducting of adult oriented entertainment; conducting of any gambling or gaming activities; or any other similar commercial enterprise.

These conveyances are, however, subject to the exceptions, reservations, covenants, conditions, restrictions and easements, if any, granted by or acquired fron the parties of the first part and their predecessors in the title to said land.

Subject to the exceptions, reservations, covenants, conditions, restrictions and easements, if any, granted by or acquired from the parties of the first part and their predecessors in title to said land.

At the time of the execution of the Deed of Trust, this property was reported to have an address of: 1055 E. Bethlehem Blvd, Wheeling, WV 26003.

The referenced real estate will be conveyed with no covenants of warranty, and 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, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges. 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 stamp to be affixed to the deed). The purchasers shall be responsible for payment of all 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: $9,000.00 in cash and/or certified funds as deposit with the balance due and payable within 30 days of the day of sale.

FEDERAL TAX LIEN: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.

Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same, and act by agent in the execution of the sale. The parties secured by the Deed of Trust reserve the right to purchase the property at such sale.

SENECA
TRUSTEES, INC.
5000 Coombs Farm Drive, Suite 104
Morgantown, WV 26508
(304) 413-0044
(304) 292-2918
Toll free: (888) 534-3132
Reference File No. 7852
Int. Aug. 21, 28, 2015

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