Place an ad

Springfield 45502 9-17 S. Fountain Ave

Sheriff Sale of Real Estate PS FUNDING INC Plaintiff VS HUTN INC Defendants Case No. 19CV0216 In pursuance of an Order of Sale in the above entitled action, I will offer for sale at public auction, AT THE DOOR OF THE COURTHOUSE, 101 NORTH LIMESTONE, in Springfield, Ohio, in Clark County, on FRIDAY, THE 2ND DAY OF OCTOBER 2020, AT 10:00 A.M., the following described real estate. If a residential property receives no bids at the first sale, it will be offered for sale again 2 weeks later, with no minimum bid requirement. PARCEL 2: SITUATE IN THE COUNTY OF CLARK, IN THE STATE OF OHIO, IN THE TOWN OF SPRINGFIELD AND BOUNDED AND DESCRIBED AS FOLLOWS, VIZ: A PART OF LOT NUMBER SIXTY (LOT NO. 60), OF JAMES DEMINT'S 1ST PLAT, RECORDED PLAT BOOK 4, PAGE 1, PLAT RECORDS OF CLARK COUNTY; IN SAID TOWN OF SPRINGFIELD AND BOUNDED BY THE FOLLOWING LINES THAT IS TO SAY BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF SAID LOT NO. 60 ON MARKET STREET THIRTY FEET SOUTH FROM A TEN FOOT ALLEY WHICH RUNS WEST ACROSS SAID LOT AND RUNNING THENCE SOUTH WITH THE LINE OF SAID LOT FIFTY-FOUR FEET; THENCE WEST NINETY-NINE FEET TO THE WEST BOUNDARY LINE OF SAID LOT AND THENCE NORTH WITH SAID LINE FIFTY-FOUR FEET AND THENCE EAST NINETY-NINE FEET TO THE PLACE OF BEGINNING AND THE SAID PETER MOODY RESERVES TO HIMSELF AND HIS ASSIGNS THE RIGHT AND PRIVILEGE OF JOINING TO THE BUILDING TO BE ERECTED ON THE LOT HEREBY CONVEYED AND USING THE SOUTH WALL OF SUCH BUILDING AS THE NORTH WALL OF A BUILDING TO BE BY HIM ERECTED AND FOR THAT PURPOSE THE RIGHT TO INSERT JOISTS IN THE SOUTH WALL OF SUCH BUILDING AS THE SAID ASSOCIATION MAY ERECT TO THE DEPTH OF SIX INCHES IN SUCH WALL. PARCEL 3: SITUATED IN THE COUNTY OF CLARK AND STATE OF OHIO, AND DESCRIBED AS FOLLOWS, TO-WIT: BEING A PART OF LOT NO. FIFTY-EIGHT (58) IN JAMES DEMINT'S ADDITION TO THE CITY OF SPRINGFIELD, OHIO - COMMENCING AT A POINT ON THE EAST LINE OF WALNUT ALLEY SOUTHWEST CORNER TO THE PREMISES OF CHARLES KELLER; THENCE RUNNING WITH THE EAST LINE OF WALNUT ALLEY SOUTH ONE HUNDRED (100) FEET, MORE OR LESS, TO DAVID KING'S NORTH LINE; THENCE EAST WITH THE NORTH LINE OF SAID PREMISES OF DAVID KING ONE HUNDRED (100) FEET, MORE OR LESS, TO THE WEST LINE OF PREMISES FORMERLY OWNED BY SAID UNION HALL ASSOCIATION; THENCE NORTH ONE HUNDRED (100) FEET, MORE OR LESS, TO CHARLES KELLER'S SOUTH LINE; THENCE RUNNING WEST PARALLEL WITH THE SOUTH LINE OF MAIN STREET ONE HUNDRED (100) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED REAL ESTATE: SITUATE IN THE STATE OF OHIO, COUNTY OF CLARK AND CITY OF SPRINGFIELD, OHIO, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEING PART OF LOTS NOS. 58 AND 60, AS NUMBERED AND DESIGNATED ON JAMES DEMINT'S PLAT OF THE TOWN (NOW CITY) OF SPRINGFIELD BEGINNING AT A POINT ON THE EAST LINE OF LOT NO. 60, 24 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT 59 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID LOT; 28.4 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID LOT, 30.4, FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID LOT, 6.5 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF LOTS NOS. 58 AND 60, 109 FEET; THENCE NORTH WITH LINE EAST LINE OF A 16-1/2 FOOT ALLEY, 39.05 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT NO. 58, 99.5 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF LOT NO. 60, 9.1 FEET; THENCE EAST WITH THE SOUTH LINE OF A 10-FOOT PRIVATE ALLEY, 99.0 FEET; THENCE SOUTH WITH THE EAST LINE OF LOT NO. 60, 84.0 FEET TO THE PLACE OF BEGINNING. SAID PREMISES ALSO BEING DESCRIBED AS FOLLOWS: (THIS BEING A REDESCRIPTION OF THE EXCEPTION) SITUATE IN THE STATE OF OHIO, COUNTY OF CLARK AND IN THE CITY OF SPRINGFIELD AND BEING PART OF LOTS NOS. 58 AND 60, OR JAMES DEMINT'S; ADDITION TO THE (TOWN) CITY OF SPRINGFIELD, AS THE SAME IS SHOWN OF RECORD IN THE RECORDER'S OFFICE, CLARK COUNTY, OHIO, AND BEING PART OF THAT PROPERTY CONVEYED TO THE UNION HALL ASSOC. AND SHOWN OF RECORD IN DEED BOOK 88, PAGE, 233 OF THE AFOREMENTIONED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXCEPTION TRACT NO. 1: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF A 10.0 FOOT PRIVATE ALLEY, WITH THE WESTERLY LINE OF FOUNTAIN AVENUE, SAME POINT BEING SOUTH 90.89 FEET FROM THE INTERSECTION OF THE SOUTHERLY LINE OF MAIN STREET WITH THE WESTERLY LINE OF FOUNTAIN AVENUE; THENCE FROM SAID BEGINNING POINT SOUTH ALONG THE WESTERLY LINE OF FOUNTAIN AVENUE 84.31 FEET TO A POINT SAME BEING 24 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF PROPERTY CONVEYED TO UNION HALL ASSOC. BY DEED AND SHOWN OF RECORD IN VOL. I, PAGE 531, OF MISC: RECORDS; THENCE NORTH 89 DEG. 09 WEST, ALONG THE SOUTH FACE OF A WALL ON THE HEREIN DESCRIBED PROPERTY, 54.87 FEET TO THE INTERSECTIONS OF THE CENTER OF A PARTITION WALL PRODUCED SOUTHERLY; THENCE ALONG THE CENTER OF WALLS, THE FOLLOWING COURSES AND DISTANCES: NORTH 0 DEG. 51 EAST, 19.15 FEET; NORTH 89 DEG. 08 WEST, 26.36 FEET; NORTH 0 DEG. 52' EAST, 9.8B FEET; NORTH 89 DEG, 53' WEST, 9.51 FEET TO THE INTERSECTION OF THE WESTERLY FACE OF A BRICK WALL PRODUCED SOUTHERLY; THENCE NORTH 0 DEG. 07' EAST; ALONG THE WESTERLY FACE OF A BRICK WALL, 7.01 FEET TO THE SOUTHERLY FACE OF A BRICK WALL; THENCE NORTH 89 DEG. 53' WEST ALONG THE SOUTHERLY FACE OF A BRICK WALL AND THE NORTHERLY LINE OF AN OPEN COURT 108.95 FEET TO THE WESTERLY LINE OF LOT NO. 58 AND THE EASTERLY LINE OF AN ALLEY; THENCE NORTH 0 DEG. ()9' WEST, ALONG THE WESTERLY LINE OF LOT NO. 58 AND THE EASTERLY LINE OF THE AFORESAID ALLEY; THENCE SOUTH 89 DEG. 23' EAST, ALONG THE SOUTH LINE OF THE AFORESAID PRIVATE ALLEY, 99.61 FEET TO THE PLACE OF BEGINNING, SUBJECT TO ALL EASEMENT AND RESTRICTIONS SHOWN OF RECORD, TOGETHER WITH ALL THE RIGHT, TITLE AND INTEREST OF THE LESSOR IN AND TO A CERTAIN PRIVATE ALLEY ALONG THE NORTH LINE OF THE PREMISES ABOVE DESCRIBED AND TOGETHER WITH THE RIGHT TO BUILD OVER SAID ALLEY OR OTHERWISE USE THE SAME DURING THE TERM OF THIS AGREEMENT, WHICH SAID RIGHT TO LESSOR UNION HALL ASSOCIATION, IS ALSO LIMITED AS IN THE LEASE PROVIDED, AND IT IS FURTHER SPECIFICALLY SET FORTH AND AGREED BY LESSEE, SAVINGS SOCIETY, THAT THE ENTIRE THIRD (3RD) AND FOURTH (4TH) FLOORS OF THE BUILDING NOW ERECTED ON THE ABOVE DESCRIBED PREMISES, TOGETHER WITH FULL RIGHTS OF INGRESS AND EGRESS THERETO AND THEREFROM, AND RESERVED, TO THE FREE USE AND OCCUPANCY THEREOF BY LESSOR, UNION HALL ASSOCIATION, AS IS MORE FULLY AND PARTICULARLY SET FORTH IN THE LEASE BETWEEN THE PARTIES HERETO. EXCEPTION TRACT NO. 2 ALSO, THE RIGHT IN LESSEE TO USE, OCCUPY, CONTROL, MAINTAIN, IMPROVE AND REPAIR THE ENTIRE PORTION OF THE SECOND FLOOR SPACE IN THE PRESENTLY EXISTING THEATRE BUILDING OR STRUCTURE LOCATED IN AND UPON THE LAND HEREINAFTER DESCRIBED AND THE OTHER LANDS SOUTH OF TRACT NO. 1, DURING AND ONLY DURING SUCH PERIOD OF TIME WITHIN THE EFFECTIVE TERM HEREOF AS THE BUILDING OR STRUCTURE NOW LOCATED AND EXISTING UPON THE LANDS HEREIN DESCRIBED AS TRACT NO. 1 IS CONTINUED IN THE USE, OCCUPANCY AND PARALLEL CONTROL OF LESSEE HEREIN, PURSUANT TO THE SEVERAL TERMS AND CONDITIONS OF THE LEASE BETWEEN THE PARTIES HERETO, SUBJECT, HOWEVER, TO THE CONTINGENCY THAT DURING OR WITHIN SUCH PERIOD OF TIME IT MAY BECOME NECESSARY FOR LESSOR TO REMOVE, RECONSTRUCT, REBUILD OR OTHERWISE STRUCTURALLY CHANGE SAID THEATER BUILDING, WHICH LANDSCAPE DESCRIBED AS FOLLOW, VIZ: SITUATE IN THE CITY OF SPRINGFIELD, COUNTY OF CLARK AND STATE OF OHIO, AND PART OF LOT NO. SIXTY (60), AS NUMBERED AND DESIGNATED ON JAMES DEMINT'S PLAT OF SAID TOWN (NOW CITY) OF SPRINGFIELD AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, FOR REFERENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF MAIN STREET WITH THE WESTERLY LINE OF FOUNTAIN AVENUE, THE SAME BEING THE NORTHEAST CORNER OF THE AFOREMENTIONED LOT NO. 60; THENCE SOUTH, WITH THE EAST LINE OF LOT NO. 60 AND THE WEST LINE OF FOUNTAIN AVENUE. 175.2 FEET TO A POINT; THENCE NORTH 89 DEG. 09' WEST, 54.87 FEET TO THE TRUE PLACE OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE FROM SAID TRUE BEGINNING POINT, NORTH 89 DEG. 09' WEST, 26.87 FEEL TO A POINT; THENCE NORTH 00 DEG. 52' 19.15 FEET TO A POINT, THENCE SOUTH 89 DEG. 08' EAST. 26.86 FEET, ALONG THE CENTER OF A PARTITION WALL TO THE POINT OF INTERSECTION OF THE CENTER OF THE PARTITION WALL, PRODUCED NORTHERLY; THENCE SOUTH O O DEG. 51' WEST, ALONG THE CENTER OF A PARTITION WALL 19.15 FEET TO THE PLACE OF BEGINNING. SUBJECT TO ALL CONDITIONS OR RESTRICTIONS OF LEASE. SUBJECT TO THE TERMS OF A LEASE RECORDED IN VOLUME 16, PAGE 75 OF THE LEASE RECORDS OF CLARK COUNTY, OHIO. SUBJECT TO THE TERMS OF A COMMON WALL AGREEMENT CONTAINED IN A DEED RECORDED IN VOLUME 27, PAGE 219 OF THE DEED RECORDS OF CLARK COUNTY, OHIO. Parcel No. 340-07-00034-103-033 Premises located at: 9-17 S. Fountain Ave., Springfield, Ohio 45502 Premises Appraised at $500,000.00 (Five Hundred Thousand and 00/100 Dollars) and cannot be sold for less than two-thirds of that amount. The Sheriff's office nor any affiliates have access to the inside of said property. THESE PROPERTIES ARE SOLD AS IS. TERMS OF SALE: Down payment required: if the appraisal value is: Less than or equal to $10,000 - $2,000; Greater than $10,000 but less than or equal to $200,000 - $5,000; Greater than $200,000 - $10,000. Balance due when deed is delivered. The purchaser shall be responsible for those costs, allowances, and taxes that the proceeds of the sale are insufficient to cover. Deborah K. Burchett, Sheriff Tim Sullivan, Deputy Susan B. Klineman, Attorney 513-444-4100 www.clarkcountysheriff.com 8-30, 9-6, 9-13/2020
Springfield
9-17
S. Fountain Ave
45502
August 30, 2020
October 2, 2020
September 25, 2020 12:50pm