NOTICE OF
SUBSTITUTE TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Ashley Dawn Sells
602 Fremont Drive
Wheeling, WV 26003
Bret Anthony
Vandevender
2703 Eoff Street
Wheeling, WV 26003
Bret Anthony
Vandevender
602 Freemont Drive
Wheeling, WV 26003
Notice is hereby given that Andrew R. Thalman, the undersigned Substitute Trustee, appointed by document dated October 14, 2020, and of record in the Office of the Clerk of the Marshall County Commission in Deed of Trust Book 1068, at page 559, will sell at public auction to the highest bidder on:
Monday, December 7, 2020, at 10:00 a.m.
at the front door of the Marshall County Courthouse, 600 Seventh Street, Moundsville, Marshall County, West Virginia, that certain property conveyed by Bret Anthony Vandevender and Ashley Dawn Sells, to Paul C. Camilletti, Trustee, by Deed of Trust dated February 16, 2018, and recorded in the office of the said Clerk of the County Commission of Marshall County, West Virginia, in Deed of Trust Book 1015, at page 628, and being described as follows:
The following described parcel of real estate situate on the southerly side of a thirty (30) foot roadway, to be known as Fremont Drive, Union District, Marshall County, West Virginia, and comprising a part of Lot 16, as shown and designated on the Map of Allendale, said Map being attached to and made a part of that certain deed recorded in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book No. 212, at page 253, and being more particularly bounded and described as the following property or premises with the buildings and improvements thereon whose Tax Map No. is 1G, Parcel 19.2.
Beginning at a stake in the division line between Lots 16 and 17, as shown on said Map of Allendale, said stake being located N. 60* 41′ W. 85 feet from an iron pin at the intersection of said division line with the westerly line of the Public Road (designated as County Road on said Map), said beginning stake being also the most westerly corner of a 19/100 of an acre parcel of land now or formerly owned by Mary R. Robrecht; thence from said beginning stake, and with said division line, N. 60* 41′ W. 138 and 33/100 feet to a point; thence leaving said division line N. 39* 12′ E. 72 and 82/100 feet to a point in said southerly line of Fremont Drive; thence with said southerly line, the following two (2) courses and distances: S. 50* 48′ E. 49 feet to a point; thence with a curve to the left having a radius of 71 and 17/100 feet for an arc distance of 44 and 49/100 feet to a point at the most northerly corner of said 19/100 of an acre parcel; thence leaving Fremont Drive and with the westerly line of the said 19/100 of an acre parcel, S. 03* 05′ 20″ W. 77 and 41/100 feet to the place of beginning, containing by survey made by Stegman & Schellhase, Inc., Civil Engineers and Surveyors, One Hundred Seventy-five Thousandths (175/1000) of an acre, more or less.
There is excepted from the property above described however a parcel as was conveyed by First Parties to Gloria L. Visnic, by deed dated March 23, 2016, and recorded in said County Clerk’s office in Deed Book 890, at page 418, being a parcel containing .03 (three one hundredths) of an acre.
The net area conveyed by this deed is One Hundred Forty-five Thousandths (145/1000) of an acre.
There is also granted to the party of the second part herein the right to use the thirty (30) foot roadway (to be known as Fremont Drive) as the same is now located and shown on an unrecorded Map and leading from the most northerly corner of said 175/1000 (145/1000) of an acre parcel in an easterly direction to the Public Road, said roadway is to be used in common by both parties herein, their heirs and assigns.
This grant is made subject to all the covenants, restrictions and conditions more particularly set forth in that certain deed by Security Trust Company, a corporation to Norval Mallery and Nettie Mallery, his wife, dated March 20, 1939, and recorded in the office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 212, at page 253.
This grant is further made subject to the following protective covenants:
1)That no house shall be built on said property unless the same will sell for not less than $15,000.00, including the cost of the lot; based on costs as of April, 1962.
2)This lot shall be used for residential purposes only and shall not be subdivided by any purchaser. No structure shall be erected or permitted to remain on this lot other than one (1) single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than two (2) cars, which garage shall be installed in the basement of, or directly attached to said dwelling or shall be connected to said dwelling by a breezeway.
3)No structure, except an open porch, piazza or stoop, shall be located on this lot nearer to the front lot line or nearer the side street line than the building setback lines shown on an unrecorded plat. No residence or building shall be constructed closer than four feet to a lot side line.
4)No trailer, basement, tent, shack or garage shall at any time be temporarily or permanently used as a residence, nor shall any structure of any temporary character be used as a residence.
5)No fence or wall shall be erected or maintained on the lot nearer the street line than the front wall of this dwelling on said lot, except retaining walls protecting the entrance to a basement, garage or a retaining wall 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 carried on upon this lot nor shall anything be done thereon which may be or become a nuisance to the neighborhood.
7)No rain or surface water shall be drained, emptied, or discharged into the sanitary sewer lines serving this lot and only sanitary sewage and household wastes shall be drained, emptied or discharged in said sewer lines.
8)Streams and water courses for surface drainage shall not be obstructed, relocated or changed in any way by any purchaser.
All of the foregoing covenants shall be covenants running with the land and may be enforced by the owner or owners of any part of Lot 16 against the owner or owners of any other part of Lot 16, upon which any violation thereof occurs. Said covenants shall be binding upon all purchasers and all persons claiming under them until April 1, 1997, and thereafter until such time as an instrument signed by 60% of the then owners of such parts of Lot 16 has been recorded agreeing to change said covenants in whole or in part. Invalidation of any one of said covenants by Judgement or Court Order shall remain in full force and effect.
There is excepted and reserved from this lot all of the coal underlying same, together with such mining rights and privileges that have heretofore been excepted and/or conveyed.
Being the same property conveyed to Bret Anthony Vandevender and Ashley Dawn Sells from James R. Fonner and Cheryl L. Fonner, husband and wife, by Deed dated February 16, 2018, and of record in the Office of the Clerk of the County Commission of Marshall County, West Virginia, in Deed Book 0962, Page 0164.
This conveyance is however 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.
Being the same property conveyed to Bret Anthony Vandevender and Ashley Dawn Sells, by James R. Fonner and Cheryl L. Fonner, husband and wife, by deed dated February 16, 2018, and recorded in Marshall County Deed Book 962, at page 164.
Tax District: 13;Tax Map: 1G; Parcel: 19.2
Property Address:
602 Fremont Drive, 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 way, easements, conditions, covenants, restrictions, leases and other servitudes 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 Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property; (5) the Substitute 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 Substitute 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 Substitute 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 12th day of November, 2020.
/s/ANDREW R.
THALMAN,
Substitute Trustee
CONTACT INFORMATION:
Andrew R. Thalman, Esquire,
Substitute Trustee
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Phone: 304-232-6810
Int. Nov. 23, 30, 2020