New Lebanon 45345 10241 Eaton Pike

Improved Property BANK OF AMERICA NA VS NOEL KEITH NUSHAWG JR, et al. Montgomery County Common Pleas Court Case No. 2017 CV 04030 In pursuance of an order issued from Common Pleas Court, within and for the County of Montgomery, State of Ohio, made at the SEPTEMBER term thereof, 2017, and to me directed, I will offer for sale at Public Auction on the 10th Floor of the County Administration Building, 451 West Third Street in the City of Dayton, Ohio, 45422 on FRIDAY, MARCH 29, 2019 at 10 o'clock A.M. of said day, the following Real Estate, to-wit: SITUATE IN THE SOUTHEAST QUARTER OF SECTION 36, TOWN 5, RANGE 4 EAST, AND IN PERRY TOWNSHIP, COUNTY OF MONTGOMERY AND STATE OF OHIO, AND BEING A PART OF A 1.969 ACRE TRACT OF LAND, MORE OR LESS, AND THE WHOLE OF A 7.489 ACRE TRACT OF LAND, MORE OR LESS, AS CONVEYED TO MARGY L. MUNSON BY DEEDS AS RECORDED IN DEED VOLUMES 2148 AND 2150, PAGES 288 AND 380 RESPECTIVELY OF THE DEED RECORDS OF SAID COUNTY; SAID PART OF 1.969 ACRE TRACT AND THE WHOLE OF SAID 7.489 ACRE TRACT HEREIN CONVEYED BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS A COMBINED AND SINGLE TRACT AS FOLLOWS: BEGINNING AT A POINT, IN THE SOUTH LINE OF SAID QUARTER SECTION AND IN THE DAYTON-EATON PIKE, (STATE ROUTE #35), SAID POINT IS ON A BEARING OF SOUTH 85 34' WEST 863.28 FEET FROM THE SOUTHEAST CORNER OF SAID SECTION AT DIAMOND MILL ROAD; SAID POINT ALSO MARKS THE SOUTHEAST CORNER OF SAID 7.489 ACRE TRACT; SAID POINT IS FURTHER WITNESSED BY A + CHISELED ON THE TOP OF A SAFETY CURB OF THE EXISTING BRIDGE; THE BEARING OF SAID + BEING SOUTH 7 16' 30 EAST, 5.65 FEET DISTANT. THENCE FROM SAID POINT, SOUTH 85 34' WEST, ALONG THE SOUTH LINE OF SAID QUARTER SECTION AND ALONG THE DAYTON-EATON PIKE, (STATE ROUTE #35) A DISTANCE OF 367.64 FEET TO A POINT, MARKING THE SOUTHWEST CORNER OF THE TRACT HEREIN CONVEYED; SAID POINT BEING WITNESSED BY AN IRON PIPE, BEARING NORTH 0 24' EAST, 42.15 FEET DISTANT. THENCE FROM SAID POINT, AND WITH A NEW DIVISION LINE, NORTH 0 24' EAST A DISTANCE OF 352.63 FEET TO AN IRON PIPE SET FOR A CORNER. THENCE WITH A NEW DIVISION LINE, SOUTH 85 29' WEST, 146.35 FEET TO AN IRON PIPE SET FOR A CORNER. THENCE NORTH 4 18' WEST, ALONG THE EAST SIDE OF A LANE AND AN EXISTING FENCE, 674.18 FEET TO THE NORTHWEST CORNER OF THIS CONVEYANCE; SAID CORNER BEING WITNESSED BY AN IRON PIPE ON A BEARING OF SOUTH 4 18' EAST, 24.86 FEET DISTANT. THENCE SOUTH 64 33' EAST, ALONG THE NORTHERLY LINE OF SAID 1.969 ACRE TRACT, THE SAME BEING A WESTERLY LINE OF A 12.00 ACRE TRACT OF LAND, MORE OR LESS, AS CONVEYED TO KENNETH R. AND MARIE STAGGS, BY DEED AS RECORDED IN DEED VOLUME 2201, PAGE 691 OF THE DEED RECORDS OF SAID COUNTY, A TOTAL DISTANCE OF 518.32 FEET TO AXLE SET FOR A CORNER. THENCE SOUTH 7 16' 30 EAST, ALONG THE EAST LINE OF SAID 7.489 TRACT AND THE WEST LINE OF SAID 12.00 ACRE TRACT, AND WITH THE GENERAL DIRECTION OF THE LITTLE BEAR CREEK, AS IT WINDS ITS WAY SOUTHEASTWARDLY, 768.65 FEET TO THE PLACE OF BEGINNING, CONTAINING 8.531 ACRES OF LAND MORE OR LESS. ALSO HEREBY GIVING AND GRANTING TO THE GRANTEE HEREIN, HER HEIRS AND ASSIGNS, A PERPETUAL EASEMENT TO USE THE PRESENT DRIVEWAY OR LANE NOW EXTENDING FROM STATE ROUTE #35 NORTHWARDLY TO BEAR CREEK AND WHICH DRIVEWAY OR LANE IS SITUATED ADJACENT TO AND IMMEDIATELY WEST OF THE GRANTEE'S FURTHEST WEST LINE OF THE REAL ESTATE ABOVE DESCRIBED. SAID EASEMENT SHALL BE FOR THE PURPOSE OF INGRESS AND EGRESS OF THE GRANTEE, HER HEIRS AND ASSIGNS, INVITEES, FRIENDS AND BUSINESS ACQUAINTANCES OF SAID GRANTEE, HER HEIRS AND ASSIGNS; SUBJECT, HOWEVER, TO A PERPETUAL EASEMENT FOR THE CONTINUATION AND MAINTENANCE OF THE PRESENT SEPTIC TANK AND LEACH BED PRESENTLY LOCATED ON SAID PREMISES AND SERVING THE PROPERTY OF THE PREVIOUS GRANTORS, RUDOLPH AND LORETTA RAMSEY. Parcel No. L53 02912 0057, 0058 Improved with SINGLE FAMILY 1 STORY, 6 ROOMS (2 BEDROOMS, 2 BATH), STONE/BRICK/WOOD EXTERIOR, GAS FORCED HEAT, CENTRAL AIR, WOOD BURNING FIREPLACE, ATTACHED 2 CAR GARAGE, BUILT 1961 Located at 10241 EATON PIKE NEW LEBANON, Ohio 45345 Said property has been appraised at $153,000.00 and cannot sell for less than two-thirds of appraisement. The appraisal is based upon a visual inspection of that part of the premises to which access was readily available. The appraisal did not include an examination of the interior of the property. The appraisers assume no responsibility for, and give no weight to, unknown legal matters, including, but not limited to, concealed or latent defects, and/or the presence of harmful or said chemicals, pollutants, or gases. Deposit required by ORC 2329.211. The purchaser will be responsible for the costs, allowances and taxes that the proceeds of sale are insufficient to cover. Subject to motion by plaintiff in the event of a no sale for lack of bidders there shall be a provisional second sale date under ORC 2329.52(B) which shall be held two weeks subsequent to this sale date. TERMS OF SALE: Down payment required; if the appraisal value is: Less than or equal to $10,000 = $2,000 deposit; Greater than $10,000 but less than or equal to $200,000 = $5,000 deposit; Greater than $200,000 = $10,000 deposit Rob Streck, Sheriff of Montgomery County, OH ATTORNEY: JOHN D CLUNK LAW OFFICES OF JOHN D CLUNK CO 4500 COURTHOUSE BLVD SUITE 400 STOW, OH 44224 330-436-0300 2-15, 2-22, 3-1/2019