For August 12, 2010
SHERIFF’S SALE
IN THE COURT OF COMMON PLEAS
TRUMBULL COUNTY, OHIO
CASE NO. 2009 CV 01648
THE BANK OF NEW YORK MELLON, AS SUCCESSOR INDENTURURE TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1
PLAINTIFF
vs.
ROCHELLE PALANSKY, ET AL
DEFENDANT
Notice is hereby given that on Thursday, August 12, 2010, at the hour of 9:00 A.M., I will offer for sale at Public Auction at the Commissioners Hearing Room in Warren, Ohio, the following real estate, to wit:
EXHIBIT A
LEGAL DESCRIPTION:
PARCEL I:
Situated in the Township of Southington, County of Trumbull and State of Ohio and known as being part of Section 35 in the original survey of said township, and is more fully bounded and described as follows:
Beginning at a point in the centerline of Newton Falls-Southington-Smith Road at its intersection with the north line of Section 35, said point being S. 83 degrees 05’ E., 25.24 feet from an iron pin in the westerly line of the road; thence S. 14 degrees 44’ 40” W., along the centerline of the road, 100.00 feet to a point; said point being S. 83 degrees 05’ E. 25.24 feet from an iron pin in the westerly line of the road; thence N. 83 degrees 05’ W., 440.94 feet to an iron pin in the easterly line of lands conveyed to Leo A. Robinson by deed recorded in Trumbull County Record of Deeds, Volume 591 at Page 163; Thence N. 14 degrees 03’ E. along Robinson’s Easterly line 99.84 feet to an iron pin in the North line of Section 35, said line being also the South line of lands conveyed to Claude J. Dawson by deed recorded in Volume 503 at page 609; thence S. 83 degrees 05’ E., along the North line of Section 35, 442.18 feet to the beginning, and containing within said bounds 1.004 acre
PARCEL II:
Situated in the Township of Southington, County of Trumbull and State of Ohio: Being situated in Section Number 26 of the original survey of Southington Township, Trumbull County, Ohio, bounded and described as follows:
Beginning at a spike set at the intersections of the south line of said Section #26 and the center line of the Newton Falls-Southington-Smith Road (State Route 534); thence N. 87 degrees 04’ 30” W. along the south line of Section 26, which is also the south line of the grantor’s land, a distance of 795.3 feet to an iron pin set in the southwest corner of the grantor’s land; thence N. 3 degrees 39’ 03” east along the grantors’ west line a distance of 162.70 feet to a stake; thence S. 87 degrees 04’ 30” E. and parallel with the south line of Section #26 a distance of 811.6 feet to a spike in the center line of the above mentioned Newton Falls-Southington-Smith Road; thence S. 9 degrees 23’ W. along the center line of said road a distance of 163.73 feet to the place of beginning and contains three acres of land, as surveyed by I.R. Gregg, Registered Surveyor, 1947.
Save and except all that certain property conveyed by Charles D. Palansky and Claudette Dawson Palansky, husband and wife to Jay L. Whitmore and Deborah A. Whitmore, husband and wife recorded 02/23/1987 more particularly described in deed book volume 348, page 141 conveying 0.906 acres.
Situated in the Township of Southington, County of Trumbull and State of Ohio, and being situated in part of Section Number 26 of the original survey of Southington Township, Trumbull County, Ohio, bounded and described as follows:
Beginning at a point on the centerline of Newton Falls-Southington-Smith Road (S.R. 534), said point being N. 9 degrees 23' E. a distance of 45.01 feet from the centerline intersection of said Newton Falls-Southington-Smith Road with the south line of said Section 26, thence N. 87 degrees 04' 30" W. and passing over an iron pin at 25.16 feet, a distance of 328.00 feet to an iron pin; thence N. 2 degrees 55' 30" E., a distance of 117.96 feet to an iron pin on the south line of land conveyed to A. King by deed recorded in Volume 1056, Page 596 of the south line of Trumbull County Record of Deeds; thence S. 87 degrees 04' 30" E., along the south line of said King's land and passing over an iron pin at 316.30 feet, a distance of 341.35 feet to a point on the centerline of said Newton Falls-Southington-Smith Road; thence S. 9 degrees 23' W., along said road centerline, a distance of 118.72 feet to a point and the true place of beginning and containing therein 0.906 acres of land as surveyed in August, 1986 by Jerry W. Daniel, Registered Surveyor No. 6222, be the same more or less.
Parcel Number(s): 57-026431 & 57-026500
Property Address: 3059 State Route 534, 0 State Route 534, Southington, OH 44470
Deed Reference Number: dated May 20, 2005, filed June 1, 2005, recorded at Official Instrument Number 200506010015583 Recorder's Office, Trumbull County, Ohio.
KNOWN FOR STREET NUMBERING PURPOSES AS: 3059 State Route 534
0 State Route 534
Southington, OH 44470
APPRAISEMENT: $114,000.
And cannot sell for less than two thirds of said appraisement. (NOTE: an interior inspection of the premises was not conducted and the property is sold "as is")
Said premises to be sold as the property of ROCHELLE PALANSKY, ET AL to satisfy a judgment in favor of THE BANK OF NEW YORK MELLON, AS SUCCESSOR INDENTURURE TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-MTA1 on an order of sale issued from the Common Pleas Court of Trumbull County, Ohio and to me directed as Sheriff of said County.
Terms of Sale:- - CASH or CERTIFIED CHECK. Ten Percent (10%) Deposit on day of sale or 100% full purchase price if less than $3,000; Balance in Thirty (30) days from date of confirmation of sale and unless paid within thirty days shall bear interest at ten percent (10%) until paid. Bids will include real property taxes & assessments due and payable as determined by ORC Section 323.47 and shall be paid directly by successful purchaser to Trumbull County Treasurer within 30 days from confirmation of sale. Failure to comply with bid process will result in contempt charges & forfeiture of entire deposit plus any damages allowable by law.
Given under my hand this April 9, 2010.
THOMAS L. ALTIERE
Sheriff of Trumbull County, Ohio
By: HEATHER ALTIERE, Deputy
Atty. EDWARD M. KOCHALSKI
614-222-4921
3t, July 9, 16, 23, 2010