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COMMON PLEAS COURT
of PORTAGE COUNTY, OHIO

Full text of Legal Notice

SHERIFF'S SALE

OF REAL ESTATE

The State of Ohio, Portage County.

2004 CV 00586

Park View Federal Savings Bank

vs.

The James L. Rhyand Revocable Living Trust U/A 10/24/89 c/o James L. Rhyand, Trustee, et al.

In pursuance of an Order of Sale in the above entitled action, I will offer for sale at public auction, "on the 3rd Floor of the Courthouse, in the Hon. Laurie J. Pittman's Courtroom in Ravenna, in the above named County, on Monday, August 29, 2005, at 12:00 P.M., the following described real estate, situated in the County of Portage and the State of Ohio, and in the Township of Freedom to-wit:

Book 573, Page 232

Situated in the Township of Freedom, County of Portage and State of Ohio and known as being part of Original Freedom Township Lots No. 46 and 56 and is further described as follows:

Beginning at an iron rod found in a monument box assembly in the centerline of Nichols Road CH 225, 60' wide, at the Southeast corner of said Original Freedom Township Lot No. 46; said iron rod has observed GPS NAD83 Ohio State Plane Rectangular Grid Coordinates, North Zone of N 572148.130 E 2344034.356; said grid coordinates are originating from Portage County Survey Marker 74-063-1 located near the Northeast corner of State Route 303, Hudson-Braceville Road and Asbury Road CH 223; thence along the centerline of Nichols Road and Easterly line of said Original Freedom Township Lot No. 46, N. 00 deg.-04'-27" W., a distance of 1386.83 feet to a point at the Southeast corner of lands now or formerly owned by M. & S. Clemson (1036/583, see also Survey P-4742); thence along the Southerly line of the said M. & S. Clemson, S. 89 deg-55'-33" W., a distance of 643.50 feet to an iron pipe found at the Southwest corner of the said M. & S. Clemson and the true place of beginning for this parcel of land; this true place of beginning is also situated at the Southeast corner of lands now or formerly owned by J. A. Jr. & S. S. Maur (OR 157/423); thence along the Southerly line of the said lands now or formerly owned by J. A. Jr. & S. S. Maur, S. 89 deg.-30'-57" W., a distance of 2268.57 feet to an iron rod set intended to be in the Westerly line of said Original Freedom Township Lot No. 46; thence along the Westerly line of said Original Freedom Township Lot No. 46, S. 01 deg-13'-01" E., a distance of 29.44 feet but to an iron pipe found at the Southeast corner of lands in said Original Freedom Township Lot No. 56 now or formerly owned by K. Gyenge (755/451); thence along the Southerly line of lands in Original Freedom Township Lot No. 56 now or formerly owned by K. Gyenge, S. 89 deg.-10'-59" W., a distance of 471.91 feet but to an iron pipe found at the Southwest corner of the said K. Gyenge; thence along the Westerly line of said lands in said Original Freedom Township Lot No. 56 now or formerly owned by K. Gyenge, said line also being the rear or Easterly line of Sub Lots Nos. 3, 2, 1, 1A and 1B in the Mihalko Acres Subdivision as the same is recorded in Portage County Plat Book 11, Page 3, N. 00 deg.-01'-59" E., a distance of 692.51 feet but to a point in the centerline of State Route 88, Ravenna-Parkman Road, 60' wide, and passing over an iron rod set at the side of the road at a distance of 43.74 feet from said point; thence along the centerline of State Route 88, Ravenna-Parkman Road, N. 43 deg.-19'-59" E., a distance of 635.36 feet to a point at its intersection with the centerline of State Route 303, Hudson-Braceville Road, 66' wide; thence along the centerline of State Route 303, Hudson-Braceville Road and Northery line of said Original Freedom Township Lots 56 and 46, S. 89 deg.-06'-30" E., a distance of 1072.81 feet but to a point at the Northwest corner of a 1.84 acre parcel of land now or formerly owned by D. M. Maur; thence along the Westerly line of said 1.84 acre parcel of land S. 00 deg.-53'-30" W., a distance of 200.00 feet but to an iron pipe found at the Southwest corner of the said 1.84 acre parcel of land and passing over an iron rod found at a distance of 35.63 feet; thence along the Southerly line of the said 1.84 acre parcel of land S. 89 deg.-06'-30" E., a distance of 400.00 feet but to an iron pipe found at the Southeast corner of the said 1.84 acre parcel of land; this iron pipe is also situated in the Westerly line of a 1.82 acre parcel of land now or formerly owned by M. A. Buck (OR 298/674); thence along the Westerly line of the said M. A. Buck, S. 00 deg.-53'-30" W., a distance of 30.32 feet but to an iron pipe found at Buck's Southwest corner; thence along the Southerly line of the said M. A. Buck's, S. 89 deg.-06'-30" E., a distance of 343.50 feet to an iron rod set intended to be situated at Buck's Southeast corner; thence along the Easterly line of the said M. A. Buck, N. 00 deg.-53'-30" E., a distance of 65.32 feet to an iron rod set intended to be situated at the Southwest corner of a 1.00 acre parcel of land now or formerly owned by K. & D. Maur (1148/635, see also Survey 2704 & 2764); thence along the Southerly line of the said 1.00 acre parcel of land S. 89 deg.-06'-30" E., a distance of 264.00 feet to an iron rod set intended to be situated at the Southeast corner of the said 1.00 acre parcel of land; thence along the Easterly line of the said 1.00 acre parcel of land N. 00 deg.-53'-30" E., a distance of 165.00 feet but to a point in the centerline of State Route 303, Hudson-Braceville Road and Northerly line of said Original Freedom Township Lot 46 and passing over an iron rod set at a distance of 33.00 feet from said point; thence along the centerline of State Route 303, Hudson-Braceville Road and Northerly line of said Original Freedom Township Lot 46, S. 89 deg.-06'-30" E., a distance of 252.17 feet but to a point at the Northwest corner of lands now or formerly owned by E. L. & M. L. Hinkle (1147/323); thence the following three (3) courses and distances intending to follow the Westerly, Southerly and Easterly lines of the said E. K. & M. L. Hinkle:

1. S. 00 deg.-53'-30" W., a distance of 304.00 feet to an iron pipe found and passing over an iron pipe found at a distance of 30.17 feet;

2. S. 89 deg.-06'-30" E., a distance of 286.58 feet to an iron pipe found;

3. N. 00 deg.-53'-30" E., a distance of 304.00 feet to a point in the centerline of State Route 303, Hudson-Braceville Road and Northerly line of said Original Freedom Township Lot 46 and passing over an iron pipe found at a distance of 30.11 feet from said point; thence along the centerline of State Route 303, Hudson-Braceville Road and Northerly line of said Original Freedom Township Lot 46, S. 89 deg.-06'-30" E., a distance of 326.75 feet but to a railroad spike found at its intersection with the centerline of Nichols Road CH 225, 60' wide, at the Northeast corner of said Original Freedom Township Lot 46; thence along the centerline of Nichols Road and Easterly line of said Original Freedom Township Lot 46, S. 00 deg.-04'-27" E., a distance of 571.50 feet but to a point at the Northeast corner of a 1.92 acre parcel of land now or formerly owned by D. A. Harlan, Jr. (see Survey P-2998); thence along Harlan's Northerly line S. 89 deg.-55'-33" W., a distance of 643.50 feet but to an iron pipe found at Harlan's Northwest corner and passing over an iron rod set at the side of the road at a distance of 30.00 feet; thence along Harlan's rear or Westerly line and beyond S. 00 deg.-04'-27" E., a distance of 481.14 feet but to the true place of beginning and containing a total of 68.78881 acres of land of which about 9.82975 acres are in Orginal Freedom Township Lot 56 and 58.95906 acres are in Original Freedom Township Lot 46 and about 2.06116 acres are currently occupied by the road right-of-ways, all be the same more or less as surveyed and described in August 2000 by Don Trocchio Registred Surveyor No. 6445 and Rob. A. Szuch Registered Surveyor No. 7288.

Note:

Bearings used are Grid North, NAD 83, Ohio State Plane Rectangular Coordinates, North Zone.

Book 582, Page 340

Situated in the Township of Freedom, County of Portage and State of Ohio, and known as being a part of Lot 46 of said township and further described as follows:

Beginning at the centerline intersections of Nichols Road and State Route 303; thence West a distance of 2073.25' along the centerline of State Route 303 to a point, which is the true place of beginning; thence South a distance of 500.00' to an I.P. and passing over an I.P. at 33.00'; thence West a distance of 350.00' to an I.P.; thence North a distance of 500.00' to a point in the centerline of State Route 303 and passing over an I.P. 33.00" back from said centerline; thence East a distance of 350.00' along the centerline of State Route 303 to the true place of beginning and containing 4.017 acres of land, more or less, as surveyed by Edward W. Wanchick, Registered Surveyor No. 5788.

Said Premises Located at 6922 State Route 303, Windham, OH 44288.

Said Premises Appraised at $150,000.00 and cannot be sold for less than two-thirds of that amount.

TERMS OF SALE: Cash.

A deposit of 10% of your bid, cash or check, payable to the Portage County Sheriff is required at the time the bid is accepted. The balance of Purchase Price shall be paid within thirty (30) days after the date of sale.

The parcel described herein is subject to the Portage County Standards Governing the Conveyance of Real Property, effective July 1, 1998. If this parcel is required to be re-surveyed to meet these standards, such resurvey is the responsibility of the successful bidder at Sheriffs sale. Copies of the Conveyance Standards are available for inspection at the offices of the County Auditor and County Engineer.

THE OWNER IS ALSO RESPONSIBLE FOR KNOWING EXACTLY WHAT HE IS PURCHASING.

DUANE W. KALEY, Sheriff

Portage County, Ohio

By: Roxann Boyle

MICHAEL L. WIERY, 5601 Hudson Dr., Ste. 400, Hudson, OH 44236, Attorney for Plaintiff.

Jul 28; Aug 4,11,18,25, 2005  05-00359

Result of Sale: Cancelled.

 

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