SHERIFF'S SALE

OF REAL ESTATE

The State of Ohio, Portage County.

Civil Sheriff Case: 2009 SH 0000327 OH672

Court Case: 2009 CV 00327

Michael Kapity

vs.

Deer Crossing Est. 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 1st Floor of the Courthouse, in the Magistrate John P. O'Neill's Courtroom, Courtroom C in Ravenna, in the above named County, on Monday, October 18, 2010, at 11:00 A.M., the following described real estate, situated in the County of Portage and the State of Ohio, and in the Township of Suffield to-wit:

Situated in the Township of Suffield, County of Portage and State of Ohio:

And being part of Lot 42 and part of Lot 41 and the residual of a 58.0787 acre tract by deed owned by Deer Crossing Estates, Instrument No. 200432894 and a tract owned by Harvey Miller, 1.6453 acres, Instrument No. 200429860 of the Portage County, Ohio Deed Records and described as follows:

Beginning at a marked stone found flush at the Northeast corner of Sublot 15, Brookhill Estates, as recorded in P.B. Volume 24, Page 61, Portage County, Ohio Records of Plats; thence N. 00 38 43 W., a distance of 300.24 feet to a #5 rebar and I.D. capped #3541 found flush at the Southwest corner of land conveyed to T. J. Malone by instrument recorded in D.B. 1159, Pages 71-72, Portage County Records; thence N. 88 47 37 E., along the South line of land conveyed to said Malone, a distance of 767.76 feet to a point and the Southwest corner of Sublot 7, Wing Foot Acres Allotment, as recorded in P.B. 19, Pages 71-72, Portage County Records of Plats (witness a 5/8" closed top pipe found 8" high 0.18 feet North of point described; thence N. 88 51 48 E., along the South line of the Wing Foot Acres Allotment, a distance of 1010.69 feet to an axle found 8" under water at the Northwest corner of land conveyed to K. L. Chafe, O. L. White and D. M. Sokol by instrument recorded in O.R. 535, Page 238, Portage County Records; thence South 00 49 56 E., along the West line of the land conveyed to Chafe, White and Sokol, a distance of 583.50 feet to a 5/8" rebar found capped WDM 6048 at the NE corner of a 2.4421 acre tract conveyed to W. S. Homes, Instrument No. 200500262 of the Portage County Deed Records; thence with line of W. S. Homes property following two courses, N. 87 40 52 W., 150.25 feet to a 5/8" rebar found capped WDM 6048; thence S. 53 33 37 W., 98.44 feet to a 5/8" rebar found capped WDM 6048 and being the NW corner of said 2.4421 acre tract and the NE corner of W. S. Homes 2.3690 acre tract, Instrument No. 200500259; thence with the line of the 2.3690 acre tract, S. 53 33 37 W., 100.00 feet to a point in the water and being on the East line of a 12.6235 acre tract owned by Toni Minor, Instrument No. 200505646; thence with 12.6235 acre tract the following five courses; thence N. 46 48 34 W., 402.39 feet to a 5/8" rebar found capped WDM 6048 set in 12" of water; thence N. 66 50 33 E., 300.96 feet to a 5/8" rebar found capped WDM 6048; thence S. 49 45 52 W., 310.00 feet to a 5/8" rebar found capped WDM 6048; thence S. 84 15 52 W., 149.53 feet to a 5/8" rebar found capped WDM 6048; thence S. 05 54 37 E., 256.82 feet to a 5/8" rebar found capped WDM 6048 at the Northeast corner of a 1.625 acre tract owned by Richard Connair, Instrument No. 200430681; thence with the North line of 1.625 acre tract, S. 83 24 16 W., 138.70 feet to a 5/8" rebar capped WDM 6048 at the Northeast corner of a 1.607 acre tract owned by Jim & Janelle Albeitoni, Instrument No. 20043377; thence the following three courses with the 1.607 acre tract, S. 83 24 23 W., 137.70 feet to a 5/8" rebar capped WDM 6048; thence S. 00 38 42 E., 510.00 feet to a point in center of Bolender Road (T.H. 5-A) and passing a 5/8" rebar found capped WDM 6048 at 482.07 feet; thence with centerline of said road N. 84 15 52 E., 137.50 feet to a point at Southwest corner of a 1.625 acre tract owned by Richard Connair, Instrument No. 200430681; thence with centerline of said road and South line of the 1.6250 acre tract, N. 84 15 52 E., 138.50 feet to the Southwest corner of a 12.6235 acre tract owned by Toni Minor, Instrument No. 200505646; thence with said road and the 12.6235 acre tract following two courses, N. 84 15 52 E., 266.90 feet to a railroad spike found; thence continuing with centerline of said road and the 12.6235 acre tract S. 87 40 51 E., 206.28 feet to a railroad spike found; thence S. 00 56 15 E., along the West lines of land conveyed to Harlin & D. R. & A. L. Hammonds, by instrument recorded in D.B. 943, Page 877, Portage County Records, a distance of 500.72 feet to a 5/8" pipe found 3" high at the Southwest corner of Sublot 189, Oak Knolls Acres, recorded in P.B. Volume 24, Page 8, Portage County Records; thence S. 89 26 16 W., along the North line of Sublot 17 and the North line of land conveyed to R. C. & L. Ewart, by instrument recorded in D. B. 518, Page 14, Portage County Records, a distance of 1013.79 feet to a marked stone found flush; thence N. 00 38 43 W., along the East lines of land conveyed to F. S. or S. S. Charnovio by instrument recorded in D. B. 1041, Page 284, Portage County Records and Brookhill Estates, passing through a 5/8" pipe found 6" deep at 438.16 feet, said pipe being an angle point in the centerline of Bolender Road, a total distance of 1442.16 feet to the place of beginning and containing an area of 37.4118 acres of which 37.3745 acres in Lot 42 and 0.0373 acres in Lot 41, but subject to all legal highways, rights and easements of record as surveyed in August by William D. McCullough, Professional Surveyor No. 6048, be the same more or less, but subject to all legal highways. The meridian was determined from a solar observation and is referenced so S.P.S. Grid North. Surveyed under the supervision of William D. McCullough, Registered Professional Surveyor #6048 in October, 2004. Basis of bearing the West of 58.0787 acre tract by previous survey N. 00 38 43 W., but subject to all legal streets and restrictions of record.

EXCEPTING THEREFROM:

Situated in the Township of Suffield, County of Portage and State of Ohio and being all of Sublot Numbers 2, 4, 5, 7, 8, 9 and 10 in the Deer Crossing Estates as platted, numbered and recorded in Plat 2005-120 of the Portage County Records of Plats, be the same more or less, but subject to all legal highways.

Also known as: Parcel Number: 36-042-00-00-04-011, Parcel Number: 36-042-00-00-004-013, Parcel Number: 36-042-00-00-004-016, Parcel Number: 36-042-00-00-004-021, Parcel Number: 36-042-00-00-004-022

Situated in the Township of Suffield, County of Portage and State of Ohio and being Sublot 7 of Deer Crossing Estates as platted in Plat 2005-120 of the Portage County Record of Plats. Be the same more or less, but subject to all legal highways.

Also known as: Parcel No. 36-042-00-00-004-017

Situated in the Township of Suffield, County of Portage and State of Ohio:

And being part of Lot 42 and part of a 58.0787 acre tract by deed owned by Deer Crossing Estates, LLC, Instrument No. 200432894 of Portage County Records and described as follows:

Beginning at a marked stone found flush at the Northeast corner of Sublot 15, Brookhill Estates as recorded in P.B. Volume 24, Page 61, Portage County Records of Plats; thence within the 58.0787 acre tract S 41 59 40 E., 607.64 feet to an iron pin found at the Northwest corner of a 1.6250 acre tract (Connair); thence with the North line of the 1.6250 acre tract, N. 83 24 16 E., 138.70 feet to an iron pin found and being known as the true place of beginning of the tract herein described; thence within the 58.0787 acre tract the following five courses, N. 05 54 37 W., 256.82 feet to an iron pin set (iron pins set being 5/8" x 30" rebar capped WDM 6048 as are all that are set); thence N. 84 15 52 E., 149.53 feet to an iron pin set; thence N. 49 45 47 E., 310.01 feet to an iron pin set; thence S. 66 50 27 E., 300.96 feet to an iron pin set; thence S. 46 48 34 E., 402.39 feet to an iron pin found on the North line of a 4.8115 acre tract (W.S. Homes); thence with said line of 4.8115 acre tract S. 50 09 39 W., 207.40 feet to a point in the water at the Northeast corner of a 3.05 acre tract (Harlin); thence with the line of the 3.05 acre tract the following two courses, S. 89 05 23 W., 299.52 feet to a point in the water; thence S. 00 56 15 E., 435.11 feet to a railroad spike found in Bolender Road; thence the following two courses in the center of said road, N. 87 40 51 W., 206.28 feet to a railroad spike found; thence S. 84 15 52 W., 266.90 feet to a point in said road and the Southeast corner of a 1.6250 acre tract (Connair); thence leaving said road and with the East line of 1.6250 acre tract, N. 00 38 43 W., 514.16 feet to the place of beginning and passing an iron pin found at 30.00 feet and containing 12.6235 acres. Surveyed under the supervision of William D. McCullough, Registered Professional Surveyor No. 6048 in February 2005. Basis of bearing the West line of 58.0787 acre tract by previous survey, N. 00 38 43 W., but subject to all legal streets and restrictions of record.

Situated in the Township of Suffield, County of Portage and State of Ohio:

And being part of Lot 42 and part of a 58.0787 acre tract by deed owned by R. L. Building Corporation, Instrument No. 200419178 of Portage County Records and described as follows:

Beginning at a marked stone found flush at the Northeast corner of Sublot 15, Brookhill Estates, as recorded in P.B. Volume 24, Page 61, Portage County Records of Plats; thence within the 58.0787 acre tract S 41 59 40 E., 607.64 feet to an iron pin set and being known as the true place of beginning of the tract herein described (iron pin set being a 1/2" x 30" rebar capped WDM 6048 as are all that are set); thence N. 83 24 16 E., 138.70 feet to an iron pin set; thence S. 00 38 43 E., 514.16 feet to a point in Bolender Road (T.H. 5-A) and passing over an iron pin set at 484.16 feet; thence with said road S. 84 15 52 W., 138.50 feet to a point in the road; thence leaving said road N. 00 38 43 W., 512.07 feet to the place of beginning and passing an iron pin set at 30.00 feet and containing 1.6250 acres. Surveyed under the supervision of William D. McCullough, Registered Professional Surveyor No. 6048 in August 2004. Basis of bearing the West of 58.0787 acre tract by previous survey, N. 00 38 43 W., but subject to all legal streets and restrictions of record.

EXCEPTING THEREFROM:

Situated in the Township of Suffield, County of Portage and State of Ohio:

And being part of Lot 42 and part of a 58.0787 acre tract by deed owned by R. L. Building Corporation, Instrument No. 200419178 of Portage County Records and described as follows:

Beginning at a marked stone found flush at the Northeast corner of Sublot 15, Brookhill Estates, as recorded in P.B. Volume 24, Page 61, Portage County Records of Plats; thence with the East line of said subdivision S. 00 38 43 E., 1003.98 feet to an iron pipe found at 5/8", 6" deep. Said pipe being angle point in Bolender Road (T.H. 5-A) and passing an iron pin found at 674.89 feet (0.4 feet West of line) and iron pipe found at 907.15 feet (1/2" C.T. pipe 5" high); thence with said road N. 84 15 52 E., 265.52 feet to a point in centerline of road; thence continuing with said road N. 84 15 52 E., 137.50 feet to a point in centerline of said road and being known as the true place of beginning of the tract herein described; thence N. 00 38 43 W., 482.07 feet to an iron pin set (being a 1/2" x 30" rebar capped WDM 6048 as are all that are set) and passing an iron pin set at 30.00 feet; thence N. 83 24 20 E., 610.44 feet to a point in the water and passing an iron pin set at 570.44 feet; thence S. 00 56 15 E., 520.05 feet to a railroad spike found in said road, 84.94 feet within the 58.0787 acre tract and 435.11 feet with the West line of a tract owned by K. & E. Harlin, D.B. 1056, Page 362; thence with said road, N. 87 40 51 W., 206.28 feet to a railroad spike found in road; thence continuing with said road, S 84 15 52 W., 405.40 feet to the place of beginning and containing 6.8660 acres.

Surveyed under the supervision of William D. McCullough, Registered Professional Surveyor No. 6048 in August 2004. Basis of bearing the West of 58.0787 acre tract by previous survey, N. 00 38 43 W., but subject to all legal streets and restrictions of record.

Also known as: Parcel No. 36-042-00-00-004-010; Parcel No. 36-042-00-00-004-007

Said Premises Located at Vacant Land, Frontage on Deer Crossing Rd., Suffield, OH.

Said Premises Appraised at $125,000.00 and cannot be sold for less than two-thirds of that amount.

TERMS OF SALE: Cash.

A deposit of 10% of your bid is required from third party purchasers at the time of sale. Conveyance and Recording Fees are required from all bidders at the time of sale. The balance of the purchase price shall be paid within thirty (30) days after the date the confirmation is filed with the clerk.

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

R. SCOTT HALEY, 867 Moe Drive, Suite G, Akron, OH 44310, Attorney for Plaintiff.

Sep 16,23,30; Oct 7,14, 2010  10-00442

Result of Sale: No Bid/No Sale.