Clayton 45315 99 N Kimmel Road

Improved Property WRIGHT-PATT CREDIT UNION INC. VS JEAN M WHISLER, et al. Montgomery County Common Pleas Court Case No. 2019 CV 01272 In pursuance of an order issued from Common Pleas Court, within and for the County of Montgomery, State of Ohio, made at the MAY 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, AUGUST 30, 2019 at 10 o'clock A.M. of said day, the following Real Estate, to-wit: SITUATE IN THE STATE OF OHIO, COUNTY OF MONTGOMERY, AND IN THE CITY OF CLAYTON, AND SITUATE IN SECTION 19, TOWN 5, RANGE 5 EAST, AND BEING ALL OF THE LAND CONVEYED TO NATIONAL CITY MORTGAGE AS RECORDED IN I.R. DEED 05- 125145 {ALL REFERENCES TO PLAT'S. DEED'S, MICROFICHE'S, I.R. DEED'S, ETC. REFER TO THE MONTGOMERY COUNTY RECORDER'S OFFICE UNLESS NOTED OTHERWISE) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A STONE FOUND IN A MONUMENT BOX, BEING THE SOUTHWEST CORNER OF SECTION 19, NORTHWEST CORNER OF SECTION 30, SOUTHEAST CORNER OF SECTION 24, THE NORTHEAST CORNER OF SECTION 25 ALSO BEING THE INTERSECTION OF THE CENTERLINES OF DIAMOND MILL ROAD (49.5' RJW) AND PLEASANT PLAIN ROAD (60.0O R/W}; THENCE DUE NORTH ALONG THE CENTERLINE OF SAID DIAMOND MILL ROAD AND THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 87.95 FEET TO A P.K. NAIL FOUND, BEING THE NORTHWEST CORNER OF A 0.694 ACRE TRACT CONVEYED TO JEFFREY K. AND HEATHER . THOMAS AS RECORDED IN MICROFICHE NO. 02-208 B1 0 AND THE TRUE POINT OF BEGINNING FOR THE HEREINAFTER DESCRIBED TRACT; THENCE CONTINUING DUE NORTH ALONG THE CENTERLINE OF SAID DIAMOND MILL ROAD AND THE WEST LINE OF SAID SECTION 19 A DISTANCE OF 133.73 FEET TO A P.K. NAIL FOUND, BEING THE SOUTHWEST CORNER OF A 0.940 ACRE TRACT CONVEYED TO JACQUELINE SMITH AS RECORDED IN MICROFICHE NO. 98-330 A09; THENCE NORTH 45 DEGREES 24' 00 EAST {PASSING 5/8 INCH IRON PINS FOUND AT 34. 76 FEET. BEING THE EAST RM LINE OF SAID DIAMOND MILL ROAD AND AT 253.97 FEET; BEING THE SOUTHWEST R/W LINE OF SAID NORTH KIMMEL ROAD) A TOTAL DISTANCE OF 283.97 FEET TO A P.K. NAIL FOUND IN THE CENTERLINE OF SAID NORTH KIMMEL ROAD AND THE SOUTHEAST CORNER OF SAID SMITH'S 0.940 ACRE TRACT; THENCE SOUTH 44 DEGREES 31' 45 EAST ALONG THE CENTERLINE OF SAID NORTH KIMMEL ROAD (PASSING A P.K. NAIL FOUND AT 197.34 FEET) A TOTAL DISTANCE OF 231.57 FEET TO A P.K. NAIL FOUND, BEING THE NORTHEAST CORNER OF SAID THOMAS' 0.694 ACRE TRACT; THENCE SOUTH 65 DEGREES 15' 20 WEST ALONG THE NORTHWEST LINE OF SAID THOMAS' 0.694 ACRE TRACT (PASSING 5/8 INCH IRON PINS FOUND AT 31.86 FEET, BEING THE SOUTHWEST R/W LINE OF SAID NORTH KIMMEL ROAD AND AT 374.50 FEET, BEING THE EAST R/W OF SAID DIAMOND MILL ROAD) A TOTAL DISTANCE OF 401.45 FEET RETURNING TO THE TRUE POINT OF BEGINNING. CONTAINING 1.314 TOTAL ACRES {LESS 0.156 ACRES WITH THE R/W OF NORTH KIMMEL ROAD AND 0.080 ACRES WITHIN THE RM OF DIAMOND MILL ROAD), LEAVING 1.078 NET ACRES, MORE OR LESS. AS SHOWN ON MONTGOMERY COUNTY ENGINEER'S RECORD OF LAND SURVEYS VOLUME 2006, PAGE 198. SUBJECT TO ALL LEGAL COVENANTS, RESTRICTIONS, EASEMENTS AND HIGHWAYS OF RECORD. BASIS OF BEARING: NORTH 00 DEGREE 00' 00 EAST (DUE NORTH): BEARING THE WEST LINE OF SECTION 19 AND THE CENTERLINE OF DIAMOND MILL ROAD AS DESCRIBED IN MONTGOMERY COUNTY RECORD OF AND SURVEYS VOLUME 2001, Parcel No. M60 00202 0006 Improved with SINGLE FAMILY 1 STORY, 4 ROOMS(2 BEDROOMS,1 BATH), GAS FORCED HEAT, CENTRAL AIR, DETACHED 1 CAR GARAGE, BUILT 1938 Located at 99 N KIMMEL ROAD, CLAYTON, Ohio 45315 Said property has been appraised at $75,000.00 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: MATTHEW I. MCKELVEY ONE SOUTH MAIN STREET, STE 1300 DAYTON, OH 45402 513-241-3100 7-19, 7-26, 8-2/2019