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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.

2008 CV 00929

Fifth Third Bank

vs.

LKD Land Co., LLC, 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, June 29, 2009, 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 Ravenna to-wit:

Description of a 1.008 Acre Tract

Situated in the Township of Ravenna, County of Portage, State of Ohio, located in Lot 26 South Division, Township 3 North (Ravenna), Range 8 West, Connecticut Western Reserve Survey, being all the 1.008 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 1 of Deed Volume 1034, Page 0463, all of the record references being to the record's office, Portage County, Ohio and being more particularly described as follows:

Commencing from the Northwesterly corner of said Lot 26 and the intersection of the centerline of State Route 59, 60 feet wide and also known as East Main Street, and the centerline of New Milford Road, 60 feet wide and also known as County Highway 31, said point being referenced by a 1" pin found South 4 deg. 32' 00" West, a distance of 50.01 along the centerline of said New Milford Street; thence South 86 deg. 34' 00" East, a distance of 576.00 feet along the Northerly line of said Lot 26 and the centerline of said State Route 59 to the Northeasterly corner of the 3.525 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 3 of Deed Volume 1034, Page 0463 and the Northwesterly corner of the 1.009 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 4 of Deed Volume 1034, Page 0463; thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 4 to the Northwesterly corner of said the 0.394 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 5 of Deed Volume 1034, Page 0463; thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 5 to the Northwesterly corner of said Tract 1, said point being the TRUE POINT OF BEGINNING;

01. Thence South 86 deg. 34' 00" East, a distance of 50.20 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 1 to the Northwesterly corner of a 4 acre tract of land as conveyed to Charles C. Cusack and Mary E. Cusack by deed of record in Deed Volume 1045, Page 1041;

02. Thence South 4 deg. 41' 00" West, a distance of 895.73 feet (passing an iron pin set at 40.01 feet) along the Easterly line of said Tract 1 and the Westerly line of said Cusack Track to an iron pin set on the Northerly line of the 17.00 acre tract of land as conveyed to the Western Reserve Post #1055, Veterans of Foreign Wars by deed of record in Deed Volume 428, Page 474;

03. Thence North 87 deg. 15' 00" West, a distance of 47.87 feet along the Southerly line of said Tract 1 and the Northerly line of said Western Reserve Post #1055, Veterans of Foreign Wars tract to an iron pin set at the Southeasterly corner of the 0.615 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 2 of Deed Volume 1034, Page 0463;

04. Thence North 04 deg. 32' 00" East, a distance of 896.26 feet (passing iron pins set at 546.26 feet and at 856.25 feet) along the Westerly line of said Tract 1, the Easterly line of said Tract 2 and the Easterly line of said Tract 5 to the True Point of Beginning and containing 1.008 acres (with all 1.008 acres being in said Lot 26, all 1.008 acres being all of said Tract 1 in Deed Volume 1034, Page 0463, and 0.045 acres within right-of-way), more or less and subject to all legal easements, restrictions and rights-of-way of previous record.

Basis of Bearing:

The centerline of said State Route 59 being South 86 deg. 34' 00" East, as called out in Deed Volume 1034, Page 0463. This description is based on a field survey made by Bock & Clark Corporation under Project Number 1200600296 in July 2006.

Description of a 0.615 Acre Tract

Situated in the City of Ravenna, County of Portage, State of Ohio, located in Lot 26 South Division, Township 3 North (Ravenna), Range 8 West, Connecticut Western Reserve Survey, being all the 0.615 acre tract of land as conveyed to Leon L. Havre, III, by deed of record in Tract 2 of Deed Volume 1034, Page 0463, all of the record references being to the record's office, Portage County, Ohio and being more particularly described as follows:

Commencing from the Northwesterly corner of said Lot 26 and the intersection of the centerline of State Route 59, 60 feet wide and also known as East Main Street, and the centerline of New Milford Road, 60 feet wide and also known as County Highway 31, said point being referenced by a 1" pin found South 4 deg. 32' 00" West, a distance of 50.01 along the centerline of said New Milford Street; thence South 86 deg. 34' 00" East, a distance of 576.00 feet along the Northerly line of said Lot 26 and the centerline of said State Route 59 to the Northeasterly corner of the all the 3.525 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 3 of Deed Volume 1034, Page 0463 and the Northwesterly corner of the all the 1.009 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 4 of Deed Volume 1034, Page 0463 4; thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 4 to the Northwesterly corner of the 0.394 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 5 of Deed Volume 1034, Page 0463; thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 5 to the Northwesterly corner of the 1.008 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 1 of Deed Volume 1034, Page 0463; thence South 4 deg. 32' 00" West, a distance of 350.00 feet (passing an iron pin set at 40.01 feet) along the Easterly line of said Tract 5 and the Westerly line of said Tract 1 to an iron pin set on the Northeasterly corner of said Tract 2, said point being the TRUE POINT OF BEGININNG;

01. Thence South 4 deg. 32' 00" West, a distance of 546.26 feet along the Easterly line of said Tract 2 and the Westerly line of said Tract 1 to an iron pin set on the Northerly line of the 17.00 acre tract of land as conveyed to the Western Reserve Post #1055, Veterans of Foreign Wars by deed of record in Deed Volume 428, Page 474;

02. Thence North 87 deg. 15' 00" West, a distance of 49.01 feet along the Southerly line of said Tract 2 and the Northerly line of said Western Reseve Post #1055, Veterans of Foreign Wars tract to an iron pin set at the Southeasterly corner of said Tract 4;

03. Thence North 04 deg. 32' 00" East, a distance of 546.84 feet along the Westerly line of said Tract 4 and the Easterly line of said Tract 2 to an iron pin set on the Southwesterly corner of said Tract 5;

04. Thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Tract 2 and the Southerly line of said Tract 5 to the True Point of Beginning and containing 0.615 acres (with all 0.615 acres being in said Lot 26, and all 0.615 acres being all of said Tract 2 in Deed Volume 1034, Page 0463) more or less and subject to all legal easements, restrictions and rights-of-way of previous record.

Basis of Bearing:

The centerline of said State Route 59 being South 86 deg. 34' 00" East, as called out in Deed Volume 1034, Page 0463. This description is based on a field survey made by Bock & Clark Corporation under Project Number 1200600296 in July 2006.

Description of a 1.009 Acre Tract

Situated in the City of Ravenna, County of Portage, State of Ohio, located in Lot 26 South Division, Township 3 North (Ravenna), Range 8 West, Connecticut Western Reserve Survey, being all the 1.009 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 4 of Deed Volume 1034, Page 0463, all of the record references being to the record's office, Portage County, Ohio and being more particularly described as follows:

Commencing from the Northwesterly corner of said Lot 26 and the intersection of the centerline of State Route 59, 60 feet wide and also known as East Main Street, and the centerline of New Milford Road, 60 feet wide and also known as County Highway 31, said point being referenced by a 1" pin found South 4 deg. 32' 00" West, a distance of 50.01 along the centerline of said New Milford Street; thence South 86 deg. 34' 00" East, a distance of 576.00 feet along the Northerly line of said Lot 26 and the centerline of said State Route 59 to the Northeasterly corner of the all the 3.525 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 3 of Deed Volume 1034, Page 0463 and the Northwesterly corner of said Tract 4, said point also known as the TRUE POINT OF BEGINNING;

01. Thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 4 to the Northwesterly corner of a 0.394 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 5 of Deed Volume 1034, Page 0463;

02. Thence South 4 deg. 32' 00" West, a distance of 896.84 feet (passing an iron pin set at 40.01 feet) along the Easterly line of said Tract 4 and the Westerly line of said Tract 5 to an iron pin set on the Northerly line of the 17.00 acre tract of land as conveyed to the Western Reserve Post #1055, Veterans of Foreign Wars by deed of record in Deed Volume 428, Page 474;

03. Thence North 87 deg. 15' 00" West, a distance of 49.01 feet along the Southerly line of said Tract 4 and the Northerly line of said Western Reserve Post #1055, Veterans of Foreign Wars tract to an iron pin with plastic cap found at the Southeasterly corner of the 4.929 acre tract of land as conveyed to the First Church of God by deed of record in File Number 200417912;

04. Thence North 04 deg. 32' 00" East, a distance of 897.43 feet (passing an iron pin with plastic cap found at 369.40 feet and an iron pin set at 857.42) along the Westerly line of said Tract 4, the Easterly line of said the First Church of God tract to a iron pin set and the Easterly line of said Tract 3 to the True Point of Beginning and containing 1.009 acres (with all 1.009 acres being in said Lot 26, all 1.009 acres being all of said Tract 4 in Deed Volume 1034, Page 0463, all 1.009 acres being within the City of Ravenna, Ohio and 0.045 acres within right-of-way), more or less and subject to all legal easements, restrictions and rights-of-way of previous record.

Basis of Bearing:

The centerline of said State Route 59 being South 86 deg. 34' 00" East, as called out in Deed Volume 1034, Page 0463. This description is based on a field survey made by Bock & Clark Corporation under Project Number 1200600296 in July 2006.

Description of a 3.526 Acre Tract

Situated in the City of Ravenna, County of Portage, State of Ohio, located in Lot 26 South Division, Township 3 North (Ravenna), Range 8 West, Connecticut Western Reserve Survey, being all the 3.526 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 3 of Deed Volume 1034, Page 0463, all of the record references being to the record's office, Portage County, Ohio and being more particularly described as follows:

Commencing from the Northwesterly corner of said Lot 26 and the intersection of the centerline of State Route 59, 60 feet wide and also known as East Main Street, and the centerline of New Milford Road, 60 feet wide and also known as County Highway 31, said point being referenced by a 1" pin found South 4 deg. 32' 00" West, a distance of 50.01 along the centerline of said New Milford Street; thence South 86 deg. 34' 00" East, a distance of 276.00 feet along the Northerly line of said Lot 26 and the centerline of said State Route 59 to the Northeasterly corner of the 0.800 acre tract of land as conveyed to Varner Prime Properties, Ltd. by deed of record in File Number 200104718 and the Northwesterly corner of said Tract 3, said point also known as the TRUE POINT OF BEGINNING;

01. Thence South 86 deg. 34' 00" East, a distance of 300.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 3 the Northwesterly corner of the one acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 4 in Deed Volume 1034, Page 0463;

02. Thence South 4 deg. 32' 00" West, a distance of 528.00 (passing an iron pin set at 40.01 feet) feet along the Easterly line of said Tract 3 and the Westerly line of said Tract 4 to an iron pin with plastic found at the Northeasterly corner of the 4.929 acre tract of land as conveyed to the First Church of God by deed of record in File Number 200417912;

03. Thence North 86 deg. 34' 00" West, a distance of 276.00 feet along the Southerly line of said Tract 3 and the Northerly line of said the First Church of God tract to an iron pin with plastic cap found at the Southeasterly corner of the 0.459 acre tract of land as conveyed to Altercare of Ravenna, Inc. by deed of record in Parcel 1 of Deed Volume 0121, Page 0495;

04. Thence North 04 deg. 32' 00" East, a distance of 200.00 feet along the Westerly line of said Tract 3 and the Easterly line of said Altercare of Ravenna, Inc. tract to a iron pin set;

05. Thence North 86 deg. 34' 00" West, a distance of 24.00 feet along the Southerly line of said Tract 3 and the Northerly line of said Altercare of Ravenna, Inc. tract to a iron pin set at the Southeasterly corner of the 0.747 acre tract of land as conveyed to Smith-Casterton-Ravenna Partnership in Deed Volume 1148, Page 811;

06. Thence North 04 deg. 32' 00" East, a distance of 328.00 feet along the Westerly line of said Tract 3, the Easterly line of said Smith-Casterton-Ravenna Partnership tract and the Easterly line of the said Varner Prime Properties, Ltd. tract to the True Point of Beginning and containing 3.526 acres (with all 3.526 acres being in said Lot 26, all 3.526 acres being all of said Tract 3 in Deed Volume 1034, Page 0463, and 0.275 acres within right-of-way), more or less, and subject to all legal easements, restrictions and rights-of-way of previous record.

Basis of Bearing:

The centerline of said State Route 59 being South 86 deg. 34' 00" East, as called out in Deed Volume 1034, Page 0463. This description is based on a field survey made by Bock & Clark Corporation under Project Number 1200600296 in July 2006.

Description of a 0.394 Acre Tract

Situated in the City of Ravenna, County of Portage, State of Ohio, located in Lot 26 South Division, Township 3 North (Ravenna), Range 8 West, Connecticut Western Reserve Survey, being all the 0.394 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 5 of Deed Volume 1034, Page 0463, all of the record references being to the record's office, Portage County, Ohio and being more particularly described as follows:

Commencing from the Northwesterly corner of said Lot 26 and the intersection of the centerline of State Route 59, 60 feet wide and also known as East Main Street, and the centerline of New Milford Road, 60 feet wide and also known as County Highway 31, said point being referenced by a 1" pin found South 4 deg. 32' 00" West, a distance of 50.01 along the centerline of said New Milford Street; thence South 86 deg. 34' 00" East, a distance of 576.00 feet along the Northerly line of said Lot 26 and the centerline of said State Route 59 to the Northeasterly corner of the 3.525 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 3 of Deed Volume 1034, Page 0463 and the Northwesterly corner of the 1.009 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 4 of Deed Volume 1034, Page 0463; thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 4 to the Northwesterly corner of said Tract 5, said point being the TRUE POINT OF BEGINNING;

01. Thence South 86 deg. 34' 00" East, a distance of 49.00 feet along the Northerly line of said Lot 26, the centerline of said State Route 59 and the Northerly line of said Tract 5 to the Northwesterly corner of the 1.008 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 1 of Deed Volume 1034, Page 0463

02. Thence South 4 deg. 32' 00" West, a distance of 350.00 feet (passing an iron pin set at 40.01 feet) along the Easterly line of said Tract 5 and the Westerly line of said Tract 1 to an iron pin set on the Northeasterly corner of the 0.615 acre tract of land as conveyed to Leon L. Havre, III by deed of record in Tract 2 of Deed Volume 1034, Page 0463;

03. Thence North 86 deg. 34' 00" West, a distance of 49.00 feet along the Southerly line of said Tract 5 and the Northerly line of said Tract 2 to an iron pin set on the Easterly line of said Tract 4;

04. Thence North 04 deg. 32' 00" East, a distance of 350.00 feet (passing an iron pin set at 310.00 feet) along the Westerly line of said Tract 5 and the Easterly line of said Tract 4 to the True Point of Beginning and containing 0.394 acres (with all 0.394 acres being in said Lot 26, all 0.394 acres being all of said Tract 5 in Deed Volume 1034, Page 0463 and 0.045 acres within right-of-way) more or less, and subject to all legal easements, restrictions and rights-of-way of previous record.

Basis of Bearing:

The centerline of said State Route 59 being South 86 deg. 34' 00" East, as called out in Deed Volume 1034, Page 0463. This description is based on a field survey made by Bock & Clark Corporation under Project Number 1200600296 in July 2006.

Said Premises Located at 1340 E. Main St., Ravenna, OH 44266.

Said Premises Appraised at Minimum Bid at $400,000.00.

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.

DAVID W. DOAK, Sheriff

Portage County, Ohio

By: Roxann Boyle

DAVID R. MAYO, 2300 BP Tower, 200 Public Square, Cleveland, OH 44114, Attorney for Plaintiff.

May 28; Jun 4,11, 2009  09-00284

Result of Sale: No Bid/No Sale.

 

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