NOTICE OF TRUSTEE’S SALE OF VALUABLE REAL ESTATE
TO: Douglas M. Ross
aka Douglass M. Ross
39 Warwood Terrace
Wheeling, WV 26003
Notice is hereby given that the undersigned Substitute Trustee, appointed by document dated February 21, 2007, and of record in the Office of the Clerk of the Ohio County Commission in Deed of Trust Book 1318, at page 753, will sell at public auction to the highest bidder on:
Tuesday, December 8, 2015, at 10:00 a.m.,
at the front door of the Ohio County Courthouse, 1500 Chapline Street, Wheeling, West Virginia, that certain property conveyed by Douglas M. Ross, to Paul C. Camilletti, Trustee, by Deed of Trust dated September 4, 2003, and recorded in the office of the said Clerk of the County Commission of Ohio County, West Virginia, in Deed of Trust Book 1209, at page 251, and being described as follows:
The following described property situate in the City of Wheeling, Ohio County, West Virginia, that is to say:
All of Lot Numbered Thirty-nine (39) of the First Addition to Warwood Terrace, situate in Richland District, Ohio County, West Virginia and being more particularly bounded and described as follows:
Commencing at a stake located at the intersection of the division line between Lots Numbered Thirty-nine (39) and Forty (40) of said First Addition to Warwood Terrace with the east line of Clifton Avenue, as the same is shown on the Map showing Warwood Terrace, recorded in the office of the clerk of the County Court of Ohio County, West Virginia, in Plat Book No. 2, page 97, said stake being also located (all bearings being of the same meridian as that used on said Map of Warwood Terrace) S. 58 degrees 50′ E. 37.97 feet from the southeast corner of Lot Numbered Six (6) of said Map of Warwood Terrace; thence with the said division line N. 83 degrees 22′ E. 125 feet to a stake in the westerly line of the thirty (30) foot street designated as Walnut Avenue; thence with the westerly line of same S. 6 degrees 38′ E. 45 feet to a stake located at the northeast corner of Lot Numbered Thirty-eight (38) of the First Addition to Warwood Terrace which was conveyed by Home Builders Corporation to H. A. Jocumsen and Marie Jocumsen, his wife, by Deed dated September 26, 1936, and recorded in said County Clerk’s Office in Deed Book No. 242, page 542; thence with the division line between said Lots Numbered Thirty-eight (38) and Thirty-nine (39) S. 83 degrees 22′ W. 125 feet to a stake in the east line of Clifton Avenue; thence with the same N. 6 degrees 38′ W. 45 feet to the place of beginning.
The coal underlying the easterly forty (40) feet of said Lot Numbered Thirty-nine (39) is hereby excepted and reserved together with such mining rights and privileges that have heretofore been conveyed.
The said parties of the second part hereby covenant with the said parties of the first part that they will not erect any buildings on said Lot hereby conveyed except an open porch, piazza or stoop, the main front of which shall not be nearer the front of said Lot than the building line as shown on said Plat.
Said grant is also made with the further understanding, limitation and condition and as a part of the consideration for which this property is sold that no building, except one structure and one structure only, shall be erected on said property, and which structure shall consist of one-family residence, duplex dwelling, or an apartment building, with the privilege of constructing a private garage therewith, and which said garage shall be built into and as a part of said house or dwelling and which said house or dwelling must have the approval of the said Home Builders Corporation, its successors and assigns, as to plans, design, cost and location.
The said parties of the second part also further covenant with the said parties of the first part that no structure shall be erected in the rear of said Lot between said dwelling hereinbefore mentioned and Walnut Avenue, as shown on said Plat, other than an ornamental lawn fence, which shall not be more than four (4) feet in height.
Reference is hereby made to twenty-five foot building line as described in Deed from Home Builders Corporation to Andrew J. Basista, dated February 17, 1937, and recorded in said Clerk’s office in Deed Book 243, page 535.
This conveyance is made subject to all exceptions, reservations, restrictions, covenants and conditions referred to or contained in the aforementioned deed and all prior deeds of record, and to all rights of way and easements of record.
There is excepted from this conveyance all coal, minerals and mining rights and privileges which may have heretofore been conveyed.
Being the same property conveyed to Douglass M. Ross, single, by Ann J. Hogg, widow, by deed dated September 3, 2003, and recorded in Ohio County Deed Book 745, at page 222.
Tax District: 10;
Tax Map: W8;
Property Address: 39 Warwood Terrace, 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 16th day of November, 2015.
/s/ JAMES C. GARDILL, Substitute Trustee
Andrew R. Thalman, Esquire, Counsel for
PHILLIPS, GARDILL, KAISER & ALTMEYER, PLLC
61 14th Street
Wheeling, WV 26003
Int. Nov. 24, 2015
Int. Dec. 1, 2015