For August 12, 2010
SHERIFF’S SALE
IN THE COURT OF COMMON PLEAS
TRUMBULL COUNTY, OHIO
CASE NO. 2009 CV 01687
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, BEAR STEARNS ALT-A TRUST 2004-8, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-8
PLAINTIFF
vs.
RICHARD R. PETIYA, 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”
DESCRIPTION OF REAL ESTATE
Situated in the Township of Kinsman, County of Trumbull and State of Ohio, and known as being part of Section No. 19 of said township and being a parcel of land conveyed to Richard R. Petiya in Official Record 1277 at Page 585, and further bounded and described as follows:
Beginning at an iron pin set on the Easterly right of way line of State Street at the Northwest corner of a parcel of land conveyed to SBKM Limited in Official Record 1098 at Page 1092;
Thence North 27 degrees 04’ 30” West, along said Easterly right of way line for a distance of 273.90 feet to a 5/8” iron pin found at the Southwest corner of a parcel of land conveyed to C. & R. Jones in Official Record 764 at Page 851;
Thence North 62 degrees 43’ 24” East, along the Southerly line of said Jones parcel for a distance of 149.72 feet to a 5/8” iron pin found;
Thence North 79 degrees 36’ 24” East, along the Southerly line of said Jones parcel for a distance of 161.77 feet to a 5/8” iron pin found at the Northwest corner of a parcel of land conveyed to J. Brown in Official Record 1276 at Page 310;
Thence South 24 degrees 37’ 31” East, along the Westerly line of said Brown parcel for a distance of 103.72 feet to a 5/8” iron pin found at the Northwest corner of a parcel of land conveyed to D. & A. Maseck in Deed Volume 1031 at Page 33;
Thence South 16 degrees 34’ 37” East, along the Westerly line of said Maseck parcel for a distance of 126.49 feet to an iron pin set at the Northeast corner of said SBKM Limited parcel;
Thence South 62 degrees 55’ 30” West, along the Northerly line of said parcel for a distance of 277.20 feet to the point of beginning, and containing therein 1.785 acres of land, more or less, as surveyed in October, 2000, by Gary R. Taneri, Professional Surveyor No. 7672.
The bearings shown are referenced to the right of way line of State Street being North 27 degrees 04’ 30” West and are for the purpose of angular measurements only.
Monuments referred to as iron pin set are 5/8” by 30” reinforcing rod with a yellow plastic cap stamped “Gary R. Taneri S-7672”.
Parcel No.: 09-069620
Commonly Known as: 8280 State Street, Kinsman, OH 44428
Prior Deed Reference: Instrument No. 200904200007592
KNOWN FOR STREET NUMBERING PURPOSES AS: 8280 State Street
Kinsman, OH 44428
APPRAISEMENT: $51,000.
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 RICHARD R. PETIYA, ET AL to satisfy a judgment in favor of THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS, BEAR STEARNS ALT-A TRUST 2004-8, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-8 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 5, 2010.
THOMAS L. ALTIERE
Sheriff of Trumbull County, Ohio
By: HEATHER ALTIERE, Deputy
Atty. MATTHEW P. BIERLEIN
614-221-7663
3t, July 9, 16, 23, 2010