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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.

Civil Sheriff Case: 2015 SH 0000787

OH672

Court Case: 2015 CV 787

Nationstar Mortgage LLC

vs.

Benjamin J. Cain, 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 Stephen J. Smith's Courtroom, Courtroom C in Ravenna, in the above named County, on Monday, February 6, 2017, at 11:00 A.M. If any parcel does not sell (NO BID) or receive sufficient bid, it shall be offered for sale, on Monday, February 13, 2017 at 11:00 A.M. to the highest bidder no minimum bid, but subject to ORC 2329.21, relating to costs, allowance and real estate taxes.

The following described real estate, situated in the County of Portage and the State of Ohio, and in the Village of Garrettsville to-wit:

Situated in the Village of Garrettsville, County of Portage and State of Ohio:

Known as being part of Lots 139 and 138 according to J. Cole's survey made in 1870 A.D. and recorded in Plat Book 2, Page 7 of Portage County Plat Records. Beginning at a monument at the centerline intersection of Center Street with the centerline of Liberty Street of the Village of Garrettsville, Portage County, Ohio; thence North 61' 00" East, along the centerline of said Center Street for a distance of 137.00 feet to a point; thence South 16 deg. 00' East for a distance of 32.33 feet to an iron pin which marks the true place of beginning of the following described parcel of land (this true place of beginning is at the Northeast corner of a 0.51 acre parcel of land now owned by David P. Way and Cheryl Way; thence continuing South 10 deg. 00' East along the East line of said Way land for a distance of 167.10 feet to the North line of said Lot No. 138; thence continuing South 16 deg. 00' East for a distance of 75 feet to an iron pipe; thence South 89 deg. 31' East for a distance of 99.98 feet to an iron pipe in the East line of said Lot No. 138; thence North 18 deg. 00' West along the East line of said Lot 138 for a distance of 75.83 feet to an iron pipe at the Southeast corner of said Lot No. 139; thence North 0 deg. 34' West along the East line of said Lot No. 139 for a distance of 239.56 feet to an iron prep at the Northeast corner of said Lot No. 139, which is also the South property line of Center Street; thence South 61 deg. 00' West along the North line of said Lot No. 139 (which is the South property line of Center Street) for a distance of 161.12 feet to the true place of beginning containing 0.73 acre of land as surveyed by Lucius F. Converse, Serial 1199, March 1952.

Note:

The instrument in intended to convey the East part of Lot No. 139, which includes all of Lot No. 139, except the West 103.40 feet to said Lot No. 139, measured at the right angles parallel with Liberty Street and also the Northeast corner of Lot 139, which parcel is 75 feet measured parallel with Liberty Street and an average length of 98.65 feet, measured parallel with the North line of said Lot No. 138.

Excepting thereform the following described real estate:

Situated in the Village of Garrettsville, County of Portage and State of Ohio:

Located in Lot No. I Nelson Township, Portage County, Ohio:

Known as being part of Lot No. 138, of J. Cole's Plat 1870 of the Village of Garrettsville as recorded in Volume 2, Page 7, Portage County Records of Plats and described as follows:

Beginning at a monument marking the point of intersection of the centerlines of Center Street and Liberty Street; thence North 61 deg. 00' East, along the centerline of Center Street 137.00 feet to a point; thence South 16 deg. 00' East along the East line of land now owned by D. P. and C. Way, 199.33 feet to an iron pipe in the North line of said Lot 138, which point is the true place of beginning for the following premises; thence South 89 deg. 31' East, along the North line of Lot 138, 97.22 feet to an iron pipe; thence South 18 deg. 00' East, along the East line of Lot 138, 75.83 feet to an iron pipe; thence North 89 deg. 31' West, 99.98 feet to an iron pipe at the Southeast center of lands now owned by D. P. and C. Way; thence North 16 deg. 00' West, along the East line of said Way's 75.00 feet to the true place of beginning and containing 0.1628 acre of land as surveyed in June, 1972 by Donald D. Harvey, Registered Surveyor No. 4112, be the same more or less, but subject to all legal highways.

Parcel #19-010-00-00-032-000

The sheriff's office nor any affiliate have access to the inside of said property.

Said Premises Located at 8320 Center St., Garrettsville, OH 44231.

Said Premises Appraised at $85,000.00 and cannot be sold for less than two-thirds of that amount.

TERMS OF SALE: CASHIER CHECKS ONLY

If the Judgment Credit is the purchaser at the sale, they shall not be required to make a sale deposit. (ORC 2329.21)

Deposit required by Third Party Purchasers are as follows:

If appraised less than or equal to ten thousand dollars ($10,000.00) the deposit shall be two thousand dollars ($2,000.00).

Greater than ten thousand dollars ($10,000.00), but less than or equal to two hundred thousand dollars, the deposit shall be five thousand dollars ($5,000.00).

Greater than two hundred thousand dollars ($200,000.00) the deposit shall be ten thousand dollars ($10,000.00)

The purchaser shall submit to the selling officer a Purchaser Information Form. The Plaintiff should have the form prepared in advance of the sale to present to the Sheriff conducting the sale at the time of sale. (ORC 2923.71)

The purchaser shall be responsible for costs, allowance and taxes that the proceeds of the sale are insufficient to cover.

The Purchaser must pay balance due within thirty (30) days of the confirmation of sale. (ORC 2329.30)

DAVID W. DOAK, Sheriff

Portage County, Ohio

By: Roxann Boyle

BRIAN DUFFY, 4805 Montgomery Rd., Suite 320, Cincinnati, OH 45212, Attorney for Plaintiff.

Jan 5,12,19, 2017  16-00569

 

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