Legal
0720 0727 0803
IN THE CIRCUIT COURT OF TUCKER COUNTY, WEST VIRGINIA
BEAVER RIDGE RESORT CONDOMINIUM
UNIT OWNERS ASSOCIATION
Plantiff,
vs. Civil Action No. 15-C-10
ANTHONY EDWIN BRAYTON
Defendant.
NOTICE OF SALE
Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Tucker County, West Virginia, entered on the 23rd day of June, 2016, in Civil Action No. I5-C-10, entitled Beaver Ride Resort Condominium Unit Owners Association vs. Anthony Edwin Brayton, as Special Commissioner of said Court shall, on the 4th day of August, 2016, commencing at 10:00 a.m., proceed to sell at the front door of the courthouse of Tucker County, West Virginia, at public auction, to the highest responsible bidder, the following described real estate:
SURFACE ONLY in and to UNIT NO. 1123, Building 1, Ash Lodge of Beaver Ridge Resort Condominium, as more particularly described in the Declaration establishing a plan for condominium ownership of four tracts of real estate of 5.20 acres, more or less, 2.6 acres, more or less, 5.03 acres, more or less, and 1.354 acres, more or less, and certain improvements thereon and appurtenances thereunto belonging, and servient easements thereto, situate in Canaan Valley, situate in Dry Fork District, Tucker County, West Virginia, Pursuant to Chapter 36B of the Code of West Virginia, as amended, to be known as Beaver Ridge Resort Condominium, dated 26th day of October, 1987 and of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 122, at page 592; and First Amendment to Declaration, dated 16th day of February, 1990, and of record in the aforesaid Clerk’s Office in Deed Book 131, at page 157, together with an undivided percentage interest in the common elements and limited common elements of the Condominium as allocated to said unit in the aforesaid Declaration.
SUBJECT TO all restrictions, reservation, covenants, exceptions and other provisions and limitations contained in said Declaration and First Amendment to the Declaration and all exhibits thereto, and in prior instruments of record and in the By-laws of the Beaver Ridge Resort Condominium Unit Owners’ Association attached to the aforesaid Declaration as Exhibit “7”, the First Amendment of By-Laws of the Beaver Ridge Resort Condominium Unit Owner’s Association, dated April 25, 1992, recorded April 27, 1993, in the aforesaid Clerk’s office in Miscellaneous Book 36, at page 207 and in all prior instruments of record in the aforesaid Clerk’s Office.
AND BEING the same real estate as conveyed unto Anthony Edwin Brayton and Kathy Ann Brayton by deed dated September 2, 2008 and of record in Deed Book 195, at page 315 and as further conveyed unto Anthony Edwin Brayton by Kathy Ann Brayton by deed dated September 4, 2014 and of record in Deed Book 215, at page 690.
This sale will be by the boundary and not by the acre without warranty as to the quantity of acreage contained on said real estate.
The sale shall be made without warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, minerals rights, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by deeds or other instruments constituting the record chain of title to the real estate aforesaid.
The sale shall be made subject to any and all liens and encumbrances affecting the real estate and to all unpaid or any accrued real estate taxes assessed against the real estate.
This sale shall further be made subject to all necessary rights of way for ingress, egress and regress; water/sewer, and utility service to the real estate.
Any sale hereunder may be postponed from time to time or adjoined without any notice other than an oral announcement at the time and place appointed for this sale or by posting notice. The Special commissioners reserve the right to reject any and all bids.
Conveyance will be made by the Special Commissioner’s Deed in the form prescribed by W.Va. Code 38-1-6, subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances and other encumbrances as have been created with respect to and/or imposed upon said real estate by the Grantor or its predecessors in interest in title prior to the recording of the Deed in the aforesaid Clerk’s office. Every lot or parcel of the real estate, and any improvements located thereon, are sold in “AS IS” condition. The Special Commissioner does not make any representations or warranties as to the physical condition of the real estate. Prospective purchasers are responsible for inspecting the title to the real estate prior to the Special Commissioner Sale. Any and all legal procedural requirements to obtain physical possession of the real estate after the sale are the responsibility of the purchaser(s). Risk of loss or damage will be the purchaser’s from and after the sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser(s). All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expenses of the purchaser(s). Special Commissioner makes no representations regarding the state of title to the real estate. Purchaser(s) shall bear the responsibility and risk of any inspection of the lots or parcels comprising the real estate, and shall take title to the real estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the real estate. If the Special Commissioner cannot convey title to one or more lots or parcels, purchaser’s sole remedy is the return of the purchase money paid by the purchaser(s) for the purchase of any such lots or parcels. The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
This sale is subject to the approval and confirmation by the Circuit Court of Tucker County, West Virginia.
Terms of sale: Ten (10.00{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of purchase price due on day of sale by certified check, payable to the Special Commissioner and the balance in immediately available funds at closing. which shall be within thirty (30) days from the day of sale. The Special Commissioner reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Special Commissioner and the bidder(s). If the successful bidder(s) fails to deliver the deposit and/or total purchase price within the prescribed time the Special Commissioner may proceed to resell the real estate, or the applicable portion thereof, or, at the discretion of the Special Commissioner convey the real estate to the next highest bidder if such bidder will honor said bid.