Brookville 45309 6279 Wellbaum Road

Improved Property BANK OF NEW YORK MELLON FKA THE BANK OF NE VS KELLY J. MCGILLVARY, et al. Montgomery County Common Pleas Court Case No. 2018 CV 04598 In pursuance of an order issued from Common Pleas Court, within and for the County of Montgomery, State of Ohio, made at the JANUARY term thereof, 2019, 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, APRIL 19, 2019 at 10 o'clock A.M. of said day, the following Real Estate, to-wit: SITUATE IN THE SOUTHWEST QUARTER OF SECTION 35, TOWN 6, RANGE 4 EAST, CLAY TOWNSHIP, MONTGOMERY COUNTY, STATE OF OHIO AND BEING PART OF THE LAND CONVEYED TO E. WAYNE KILMER BY DEED RECORDED IN MF73-276E03 OF THE DEED RECORDS OF SAID COUNTY AND BING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF SAID KILMER LAND, THE EAST LINE OF SAID QUARTER SECTION, IN THE CENTERLINE OF WELLBAUM ROAD AND BEING LOCATED NORTH 01 DEGREE 27 MINUTES WEST, 1320.00 FEET FROM A RAILROAD SPIKE FOUND AT THE SOUTHEAST CORNER OF SAID SECTION; THENCE WITH THE EAST LINE OF SAID QUARTER SECTION AND THE CENTERLINE OF SAID WELLBAUM ROAD, NORTH 01 DEGREE 27 MINUTES WEST, 177.45 FEET TO A RAILROAD SPIKE SET FOR A CORNER; THENCE SOUTH 88 DEGREES 55 MINUTES WEST, PASSING A RAILROAD SPIKE FOUND AT 2.3 FEET, FOR A TOTAL DISTANCE OF 377.3 FEET TO AN IRON PIN FOUND FOR A CORNER; THENCE NORTH 44 DEGREES 57 MINUTES 30 SECONDS WEST, 129.31 FEET TO A WOOD CORNER POST FOUND FOR A CORNER; THENCE SOUTH 88 DEGREES 00 MINUTES 30 SECONDS WEST, 75.99 FEET TO AN IRON PIN FOUND FOR A CORNER; THENCE SOUTH 01 DEGREE 27 MINUTES EAST, 45.00 FEET TO AN IRON PIPE FOUND FOR A CORNER; THENCE SOUTH 88 DEGREES 55 MINUTES WEST, 491.11 FEET TO AN IRON PIN SET FOR A CORNER; THENCE SOUTH 01 DEGREE 27 MINUTES EAST, 225.00 FEET TO AN IRON PIN SET IN THE SOUTH LINE OF SAID KILMER LAND; THENCE WITH THE SOUTH LINE OF SAID KILMER LAND, NORTH 88 DEGREES 53 MINUTES 10 SECONDS EAST, 1033.42 FEET TO THE PLACE OF BEGINNING, CONTAINING 5.003 ACRES OF LAND, MORE OR LESS, SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, AGREEMENTS AND CONDITIONS OF RECORD. THE BEARING OF THE EAST LINE OF SAID QUARTER SECTION, GIVEN AND ASSUMED TO BE NORTH 01 DEGREE 27 MINUTES WEST, WAS USED AS A REFERENCE BEARING. PREPARED FROM AND BASED ON A SURVEY IN NOVEMBER, 1992 BY ROBERT. L HOUGH, REGISTERED SURVEYOR NO. 5879 AND ON A PRIOR SURVEY IN 1978 BY WILLIAM A. BOYER, REGISTERED SURVEYOR NO. 5408. BEING THE SAME PROPERTY CONVEYED TO KELLY J. MCGILLVARY BY DEED FROM DALE L. MENDENHALL, AS EXECUTOR OF THE WILL OF ELMER WAYNE KILMER, AKA E. WANE KILMER, DECEASED, RECORDED 12/08/1992 IN DOCUMENT NO. 92-0718-B08, IN THE RECORDER'S OFFICE OF MONTGOMERY COUNTY, OHIO Parcel No. C04 00611 0014 Improved with SINGLE FAMILY 1.5 STORY, 6 ROOMS(3 BEDROOMS,1 BATH), WOOD EXTERIOR, FULL BASEMENT, OIL HEAT, CENTRAL AIR, DETACHED 2 CAR GARAGE, BUILT 1925 Located at 6279 WELLBAUM ROAD BROOKVILLE, Ohio 45309 Said property has been appraised at $117,000.00 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 3-8, 3-15, 3-22/2019