SHERIFF'S SALE

OF REAL ESTATE

The State of Ohio, Portage County.

2003 CV 00142

The Bank of New York, Acting Solely in its Capacity as Trustee for EQCC Trust 2001-2

vs.

Phillip Bailey, 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, October 17, 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 Paris to-wit:

Situated in the Township of Paris, County of Portage and State of Ohio and known as being part of Original Paris Township Lot No. 37 and is further described as follows:

Beginning at a point in the centerline of Wayland Road CH 132, 60' wide, but at the Southeast corner of lands now or formerly owned by D. O. & P. J. McIntyre (988/696) N. 01 deg. 14' 40" W., a distance of 2092.49 feet as measured along said centerline and Easterly line of said Lot 37 from its intersection with the original centerline of Cable Line Road CH 120, right of way varies, at the Southeast corner of said Lot 37; thence along the Southerly line of the said D. O. & P. J. McIntyre S. 88 deg. 56' 26" W., a distance of 1451.51 feet to a point at the Southwest corner of the said D. O. & P. J. McIntyre and passing over an iron rod found at a distance of 30.00 feet; an iron rod was found S. 14 deg. 50' 15" W., a distance of 11.61 feet from the said Southwest corner of D. O. & P. J. McIntyre; thence along the Westerly line of the said D. O. & P. J. McIntyre N. 00 deg. 59' 41" W., a distance of 183.00 feet to an iron rod set; thence N. 88 deg. 56' 26" E., a distance of 1450.72 feet to a point in the centerline of Wayland Road and Easterly line of Lot 37 and passing over an iron rod set at a distance of 30.00 feet from said point; thence along the centerline of Wayland Road and Easterly line of said Lot 37 S. 01 deg. 14' 40" E., a distance of 183.00 feet to the beginning and containing 6.0963 acres of land be the same more or less as surveyed and described in February 1998 by Don Trocchio Registered Surveyor No. 6445. Be the same more or less, but subject to all legal highways.

Also known as: 5525 Wayland Road, Ravenna, OH 44266

Said Premises Located at 5525 Wayland Rd., Ravenna, OH 44266.

Said Premises Appraised at $85,000.00 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

DONALD K. SWARTZ, 120 E. 4th Street, 8th Floor, Cincinnati, OH 45202, Attorney for Plaintiff.

Sep 15,22,29; Oct 6,13, 2005  05-00471

Result of Sale: Cancelled.