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COMMON PLEAS COURT
of PORTAGE COUNTY, OHIO
Full text of Legal Notice
OF REAL ESTATE
The State of Ohio, Portage County.
2006 CV 01616
Deutsche Bank National Trust Company, as Trustee on Behalf of the Certificate Holders of Ixis Real Estate Capital Trust 2004-HE4 Mortgage Pass-Through Certificates, Series 2004-HE4
vs.
Russell W. Bowman, et al.
Situated in the Township of Atwater, County of Portage and State of Ohio:
And known as being part of Original Awater Township Lot No. 128 described as follows according to survey of J. Cole, County Surveyor:
Beginning at a stone at the North West corner of said Lot 128; thence S. 89 deg. 12' E., along lot line 17 chains, and 80 links to a stone; thence S. 0 deg. 10' W., 27 chains, 82 links; thence N. 89 deg. 37' W., 18 chains, 4 links to a stone in the West line of said Lot 128; thence N. 0 deg. 40' E., along lot line 27 chains, 95 links to the place of beginning containing 50 acres of land, bounded on North and West by lot lines, and South and East by land now or formerly owned by Sarah J. Taylor. Excepting therefrom the following parcel:
Known as being a part of Lot 128 in Atwater Township, Portage County, Ohio and being further described as follows:
Beginning at a point in the centerline of C.H. 47, said point being the Northwest corner of Lot 128; thence S. 89 deg. 12' E., 1174.80 ft. along the 1st line to a marked stone and passing over an iron pipe set 30.00 ft. from the centerline of the road; thence S. 0 deg. 10' W., 923.85 ft. to an iron pipe; thence N. 89 deg. 12' W., 1182.72 ft. to the center of the road and passing over an iron pipe set 30 ft. from the centerline; thence N. 0 deg. 40' E., 923.85 ft. along the center line of the road to the point of beginning, containing 25.0 acres of land. Excepting therefrom the following parcel:
Known as being a part of Lot 128 in Atwater Township and further described as follows:
Beginning at a point in the center line of Industry Road, C.H. 47, and the West line of Lot 128, and being N. 0 deg. 40' E., 1965.55 ft. from the Southwest corner of Lot 128 as located by the Portage County Engineer; thence N. 0 deg. 40 E., 150.00 feet along the East line of Lot 128 and the center line of Industry Road to a spike; thence S. 89 deg. 50' E., 580.80 feet to an iron pipe and passing over an iron pipe 30 feet from the road center; thence S. 0 deg. 40' W., 150.0 feet to an iron pipe in the Grantor's South line; thence along said South line N. 69 deg. 50' W., 580.80 feet to the beginning and passing over an iron pipe 30 feet from the road center and also an iron pipe 2.80 feet from the road center. Containing 2.00 acres of land, be the same more or less, but subject to all legal highways, as surveyed in Dec., 1967 by David J. Collier, Registered Surveyor No. 4819. Also known as: 2224 Industry Road, Atwater, Ohio 44201.
Exception No. Three
Situated in the State of Ohio, County of Portage, Township of Atwater, being part of Lot 128 in said Township and bounded and described as follows:
Beginning at a bridge spike found in the Westerly line of Atwater Township, at the intersection of the Southwesterly corner of Lot 128 and centerline of C.H. 47, Industry Road; thence N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 1965.55 feet to a point at the Southwesterly corner of land now or formerly owned by T. M. or C. M. Funk (O.R. 350, Pg. 418); thence continuing N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 150.00 feet to a point at the Northwesterly corner of said Funk, which marks the true place of beginning, for the following described parcel of land; thence continuing N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 150.00 feet to a point; thence S. 09 deg. 52' 14" E., (passing over a 1/2" iron rod set at 30.00 feet), a distance of 580.84 feet to a 1/2" iron rod set; thence S. 00 deg. 40' 00" W., a distance of 150.00 feet to a 1/2" iron pipe found at the Northeasterly corner of the aforementioned Funk; thence N. 89 deg. 52' 14" W., a distance of 580.84 feet to the true place of beginning, containing 2.000 acres of land, more or less, of which 0.1033 acres, more or less, are in the R/W of C.H. 47 as surveyed and described February 27, 2001 by Rob A. Szuch, Registered Professional Surveyor No. 7288.
Exception No. Four
Situated in the State of Ohio, County of Portage, Township of Atwater, being part of Lot 128 in said township and bounded and described as follows:
Beginning at a bridge spike found in the Westerly line of Atwater Township, at the intersection of the Southwesterly corner of Lot 128 and centerline of C.H. 47, Industry Road; thence N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 1965.55 feet to a point at the Southwesterly corner of land now or formerly owned by T. M. or C. M. Funk (O.R. 350, Pg. 418); thence continuing N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 300.00 feet to a point; which marks the true place of beginning for the following described parcel of land; thence continuing N. 00 deg. 40' 00" E., along the Westerly line of Atwater Township, Westerly line of Lot 128 and centerline of C.H. 47, a distance of 220.00 feet to a point; thence S. 89 deg. 52' 14" E., (passing over a 1/2" iron rod set at 30.00 feet), a distance of 693.03 feet to a 1/2" iron rod set; thence S. 00 deg. 40' 00", a distance of 220.00 feet to a 1/2" iron rod set; thence N. 89 deg. 52' 14" W., (passing over a 1/2" iron rod set at 663.03 feet) a distance of 693.03 feet to the true place of beginning, containing 3.500 acres of land, more or less, of which 0.1515 acres, more or less, are in the R/W of C.H. 47 as surveyed and described February 27, 2001 by Rob A. Szuch, Registered Professional Surveyor No. 7288.
Parcel No. 01-056-00-00-003-000
Commonly known as 2224 Industry Road, Atwater, Ohio 44201
Said Premises Located at 2224 Industry Rd., Atwater, OH 44201.
Said Premises Appraised at $145,000.00 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
MATTHEW C. GLADWELL, 2035 Reading Rd., Cincinnati, OH 45202, Attorney for Plaintiff.
May 1,8,15, 2008 08-00196