Miamisburg 45342 4910 Shephard Road

Improved Property BAYVIEW LOAN SERVICING LLC VS PATRICIA A. BENSON, et al. Montgomery County Common Pleas Court Case No. 2018 CV 02997 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, 2018, 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, FEBRUARY 1, 2019 at 10 o'clock A.M. of said day, the following Real Estate, to-wit: SITUATED IN THE COUNTY OF MONTGOMERY IN THE STALE OF OHIO AND IN THE TOWNSHIP OF MIAMI AND IN SECTION 23, TOWN 2, RANGE 5 MRS AND BEING A PART OF THE CERTAIN TRACT OF LAND CONVEYED TO FORREST H. LISTON BY DEED RECORDED IN MICROFICHE 77-151-A12 OF THE DEED RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET PK NAIL IN THE CENTERLINE OF SHEPHARD ROAD, SAID POINT BEING LOCATED SOUTH 66 DEG. 53' 56 WEST, A DISTANCE OF 616,70 FEET FROM A FOUND SPIKE MARKING THE INTERSECTION OF THE CENTERLINE OF SHEPARD ROAD WITH THE CENTERLINE OF MIAMISBURG AND SPRINGBORO PIKE; THENCE SOUTH 23 DEG. 06' 04 EAST WITH A NEW DIVISION LINE A DISTANCE OF 467.81 FEET LO A SET #5 REBAR; THENCE NORTH 84 DEG. 46' 00 WEST, A DISTANCE OF 211 .48 FEET TO A FOUND FENCE POST CORNER; THENCE NORTH 22 DEG. 30' 37 WEST, A DISTANCE OF 379. 89 FEET TO A FOUND IRON PIN IN THE CENTERLINE OF SHEPHARD ROAD; THENCE SOUTH 88 DEG. 33' 50 EAST, WITH THE CENTERLINE OF SHEPHARD ROAD, A DISTANCE 29.93 FEET TO A FOUND IRON PIN AT AN ANGLE POINT IN SAID CENTERLINE; THENCE NORTH 66 DEG. 53' 56 EAST, CONTINUING WITH THE CENTERLINE OF SHEPHARD ROAD, A DISTANCE OF 155.00 FEET TO THE PLACE OF BEGINNING. CONTAINING 1.7726 ACRE OF LAND, MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BASIS OF BEARING IS THE SOUTH LINE OF THE ORIGINAL 9.556 ACRE TRACT PER DEED (NORTH 84 DEG. 46' 00 WEST). THE ABOVE DESCRIPTION IS BASED UPON A NEW SURVEY PREPARED BY WILLIAM C. PETKEWICZ, OHIO REGISTERED SURVEYOR #5749, OCTOBER 1996. Parcel No. K45 02609 0083 Improved with SINGLE FAMILY 1 STORY, 6 ROOMS(2 BEDROOMS,2 BATH), VINYL/BRICK EXTERIOR, FULL BASEMENT, ELECTRIC HEAT, CENTRAL AIR, WOOD BURNING FIREPLACE, DETACHED 1 CAR GARAGE, BUILT 1962 Located at 4910 SHEPHARD ROAD MIAMISBURG, Ohio 45342 Said property has been appraised at $177,000.00 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: YANFANG M LI 3962 RED BANK ROAD CINCINNATI, OHIO 45227 513-322-7000 12-21, 12-28/2018, 1-4/2019