Public Notice

TRUSTEES’ SALE OF VALUABLE REAL ESTATE
253 Boggs Hill Road, Wheeling, WV 26003
In a Deed of Trust dated August 8, 2003, and duly recorded in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1207, at page 183 Stephen M. Moskal did convey unto Vance Golden, Trustee, certain real property. The beneficial holder of that Deed of Trust has elected to appoint Terra Abstract Trustee West Virginia, Inc. as substitute trustees by a Substitution of Trustee recorded in the aforesaid Clerk’s Office. Default having occurred under the Deed of Trust and the beneficial holder having instructed the undersigned Trustees to foreclose, this real property will be sold at public auction at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia 26003 on:
May 11, 2021
At 01:00 PM
The property for sale as described by the Deed of Trust is as follows:
Commencing at a stake in the Boggs Hill County Road, said stake being located at the southeast corner of seventy-five one hundredths (75/100) acre tract of land that was conveyed to Amos Bitzer (Sr.) by Harry Bitzer and wife by deed dated September 26, 1917, and of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 160, at page 425, thence N. 39* 55′ E. 117.1 feet to the most westerly of two gate posts on the lane leading to said John Yacke’s house, thence N. 9* 56′ E. 214.2 feet to an old elm on the south bank of the run, thence down the run S. 83* 19′ W. 163.6 feet to a stake at the northeast corner of said seventy-five one hundredths (75/100) acre tract, thence with the northerly line of same 87* 58′ W. 137.2 feet to a stake at the northwest corner of same, thence leaving the lines of the said seventy-five one hundredths (75/100) acre tract and with said run 78* 17′ W. 232.4 feet to a stake, thence S. 88* 17′ W. 285.9 feet to a stake, thence S. 72* 59′ W, 348.4 feet to a stake in a line of the nineteen and ninety-six hundredths (19 96/ 100) acre tract hereinafter mentioned, thence with the lines of the same, leaving the run, S. 20* 57′ W. 110.4 feet to a point on the Boggs Hill County Road, thence with the said road S. 56* 10′ E. 86.0 feet, N. 53* 50′ E. 130.4 feet, N. 87* 05′ E. 445.0 feet, N. 89* 13′ E. 308.0 feet to the southwest corner of the said seventy-five one hundredths (75/100) acre tract thence with the southerly line of the same S. 61* 30′ E. 164.3 feet to the place of beginning, containing, including the said seventy-five one hundredths (75/100) acre tract, four and seven tenths (4 and 7/10) acres.
But there is excepted from the above described four and seven tenths (4 and 7/10) acre tract the said seventy-five one hundredths (75/100) acre tract, that was conveyed to Amos Bitzer (Sr.) by deed hereinbefore mentioned and being bounded and described as follows:
“Beginning at a stake in the center of Boggs Hill Road; thence along said road N. 61* 30′ W. 164.3 feet to a stake in the center of said road; thence 11* 15′ W. 211.2 feet to a stake in a run; thence up said run S. 87* 58′ E. 137.2 feet to stake in the run: thence S. 9* 48′ E. 284.9 feet to the place of beginning, containing three-fourths (3/4) of an acre, ” leaning in the tract hereby conveyed three and ninety-five hundredths (3 and 95/100) acres.
Excepting and reserving, however, the coal and the coal rights heretofore conveyed by Joseph Bitzer, Harry Bitzer and Mamie Bitzer, his wife, to W.D. Reed, by deed dated November 29, 1909, and of record in the Office of the Clerk of the County Commission of Ohio County, West Virginia, in Deed Book 132, at page 216.
Second Tract:
A piece or parcel of land situate in Triadelphia District in Ohio County, West Virginia,
being more particularly bounded and described as follows, to-wit: Beginning at a stake in the center of the Boggs Hill Road; thence along said road N. 61* 30′ W. 164.3 feet to a stake in the center of said road: thence N. 11* 15′ W. 211.2 feet to a stake in the run; thence up said run S. 87* 58′ E. 137.8 feet to a stake in the run; thence S. 9* 48′ E. 284.9 feet to the place of Beginning, containing three-fourths (3/4) of an acre according to a survey made By A.S. Bell.
There is excepted and reserved from this conveyance all the coal oil, and gas in and under the land herein before described with all the rights and privileges necessary and useful in mining and removing said coal and any block of coal of which it may at any time become a part and in prospecting, boring for, and removing said oil and gas.
The purchaser will take the property subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real property.
The purchaser will be responsible for paying any transfer stamp, excise taxes, and recording costs associated with recording the Trustee’s Deed into their name.
The purchaser will be responsible for paying any unpaid property taxes owed to the Sheriff of Ohio County prior to or following the sale directly to the Sheriff.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance having priority over the deed of trust referred to herein.
The purchaser will take the property subject to any deed of trust, judgment, lien, and any other encumbrance that is junior (“junior claims”) to this Deed of Trust and to which sufficient notice was not given. In that case, unless such right to notice is waived, the chain of title shall not merge with this Deed of Trust as to those unnoticed deeds of trust, judgments, liens, and other encumbrances and will be subject to a further noticed and published sale under this Deed of Trust pursuant to W.Va. Code 38-1-4, in which bidding shall resume at the last highest bid given. In the event of a surplus of such sale, the mortgagors and noticed junior lienholders are hereby on notice that if such surplus is less than Two Thousand Five Hundred Dollars ($2500.00), then the Substitute Trustee will disburse those proceeds to the most senior interest holder as it sees fit, unless an objection is made in writing.
The Trustees do not guarantee or represent that the boundaries described above are accurate, are not encroached upon, or that any particular structure located on the
property is contained within the described boundaries. The property is therefore sold subject to an accurate survey at purchaser’s expense.
The Trustees reserve the right to adjourn the sale, for a time, or from time to time, by announcement at the time and place of sale described above or any adjournment thereof. Such adjournment will be noticed by posting a notice at the front door of the county courthouse or where such notices are traditionally posted at the county courthouse.
Such notice will include the date and time when such sale will reconvene.
The Trustees reserve the right to reject any and all bids for any reason.
The Trustees make no representations as to the condition of the property. The property will be sold in “AS IS” condition.
The Trustees make no representations as to whether the property is occupied. The purchaser is responsible for gaining access and possession of the property. Trustees shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
The purchaser may assign its rights prior to the delivery of the trustee’s deed by a signed request in writing to the trustee; the assignee of the purchaser shall be bound by all terms and conditions applicable to the purchaser.
The Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code Section 38-1-6. The
Trustees make no representations and warranties about the title of the real estate to be conveyed. If the Trustees are unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Purchaser must bring $3000 cash in hand at the time of sale as a deposit in the form of a certified check or cashier’s check made payable to “Stern & Eisenberg Mid-Atlantic, PC, counsel for Terra Abstract.” Those appearing without their deposit will not be allowed to bid. The balance of the successful purchaser’s bid must be proffered in cash within 30 days of the date of the sale. Purchaser shall pay for transfer
stamps and recording fees. Additional terms of sale may be announced prior to the sale.
Terra Abstract Trustee West Virginia, Inc.
9920 Franklin Square Drive, Suite 100
Baltimore, MD 21236
(410) 635-5127,
(443) 815-3931
www.sterneisenberg.com
Int. March 26. April 2, 2021