NOTICE OF TRUSTEE SALE OF VALUABLE REAL ESTATE
Pursuant to the authority vested in the undersigned by deed of trust dated the 18th day of October 2013, signed by Krina M. Marino, an unmarried woman, to Capital Funding LLC, Trustee, which said deed of trust is of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Trust Deed Book 1475, at page 225, and Golden & Amos, PLLC, Trustee having been requested so to do by the Secured Creditor, and default having been made under the terms and conditions of said deed of trust, and the provisions in said deed of trust concerning acceleration having been complied with by the Secured Creditor and present holder of the note, said Trustee will sell at public auction at 1:00 o’clock P.M. on the
6th day of
OCTOBER 2015
at the front doors of the Courthouse in Ohio County in Wheeling, West Virginia the following described real estate:
PARCEL ONE: All of Lots Numbered Eleven (11) and Twelve (12) in the subdivision known as Fairview Terrace, a plat of which subdivision is recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 3, at page 15.
It is understood, covenanted and agreed that the parties of the second part, their heirs and assigns, shall not suffer or cause the erection with a space of ten feet measured from the front line of the lots hereby conveyed, of any building or structure whatsoever, excepting an open porch, piazza or stoop, and it is further covenanted and agreed that no building or structure shall be erected or placed upon the property hereby conveyed the cost of which shall be less than Five Thousand Dollars ($5,000.00).
It is hereby understood that the coal and minerals underlying the property hereby conveyed are excepted and reserved and not hereby conveyed.
PARCEL TWO: The following described property situated in Edgewood District, Ohio County, West Virginia, that is to say: All of Lot Number Thirteen (13) in the subdivision known as Fairview Terrace, a plat of which subdivision is recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 3, at page 15.
It is understood, covenanted and agreed that the parties of the second part, their heirs and assigns, shall not suffer or cause the erection with a space of ten feet measured from the front line of the lots hereby conveyed, of any building or structure whatsoever, excepting an open porch, piazza or stoop, and it is further covenanted and agreed that no building or structure shall be erected or placed upon the property hereby conveyed the cost of which shall be less than Five Thousand Dollars ($5,000.00).
It is hereby understood that the coal and minerals underlying the property hereby conveyed are excepted and reserved and not hereby conveyed.
PARCEL THREE:
The following described property situated in the County of Ohio and the State of West Virginia, that is to say: All of Lot Number Fourteen (14) in the subdivision known as Fairview Terrace, a plat of which subdivision is recorded in the Office of the Clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 3, at page 15.
There is EXCEPTED and RESERVED from said Lot Number Fourteen (14) the following parcel conveyed by William M.S. Carman, widower, to Michael W. Carman and Barbara Sue Carman, husband and wife, by deed dated the 18th day of October, 1990 (Parcel No. 2 therein), and recorded in said Clerk’s Office in Deed Book 657 at page 349:
The following described property being a part of Lot No. Fourteen (14) in the Subdivision known as Fairview Terrace, a plat of which subdivision is recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book No. 3 at page 15, that is to say:
Beginning at a point in the division line of Lot Number Fourteen (14) in Fairview Terrace a plat of which subdivision is recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Plat Book No. 3, at page 15, and Lot Number Eighty Two (82) as shown on the map of O.L. Zane’s Grandview Addition, the last mentioned map being of record in said Clerk’s Office in Plat Book No. 1, at page 33, said beginning point being N. 52 degrees 36′ W. 79.8 feet from the intersection of the most southerly corner of said Lot Number Fourteen (14), Fairview Terrace, and the most westerly corner of said Lot Number Eight Two (82), O.L. Zane’s Grandview Addition; thence from said beginning point N. 22 degrees 49′ E. 320.93 feet to a point being the most northeasterly corner of said Lot Number Fourteen (14), Fairview Terrace; thence S. 63 degrees 34′ E. 177.62 feet to a point; thence with the northwesterly line of the above-mentioned O.L. Zane’s Grandview Addition and the northeasterly extension thereof S. 52 degrees 36′ W. 356.78 feet to the place of beginning.
There is also conveyed herewith the right of ingress and egress over and upon Fairview Street, as shown on the above mentioned map of Fairview Terrace and the right of ingress and egress over and upon the 18 foot lane lying between Lot No. 1 in Fairview Terrace and Lot No. 15 in O.L. Zane’s Grandview Addition.
It is understood, covenanted and agreed that the parties of the second part, their heirs and assigns, shall not suffer or cause the erection with a space of ten feet measured from the front line of the lots hereby conveyed, of any building or structure whatsoever, excepting an open porch, piazza or stoop, and it is further covenanted and agreed that no building or structure shall be erected or placed upon the property hereby conveyed the cost of which shall be less than Five Thousand Dollars ($5,000.00).
It is hereby understood that the coal and minerals underlying the property hereby conveyed are excepted and reserved and not hereby conveyed.
It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust.
The above described real estate is reported to have a mailing address of:
14 Fairview Terrace, Wheeling, West Virginia 26003
TERMS OF SALE: Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel the sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees.
Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
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.
The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record.
Should any party have any inquires, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee below by one of the means of communications set forth below.
GOLDEN & AMOS, PLLC, TRUSTEE
543 Fifth Street,
P.O. Box 81
Parkersburg, WV 26102
Telephone (304) 485-3851
Fax (304) 485-0261
E-mail:
vgolden@golden
amos.com
N.R. Sept. 22, 29, 2015
234715