NOTICE OF SALE AT PUBLIC AUCTION

IN THE CIRCUIT COURT OF FAYETTE COUNTY, WEST VIRGINIA SHIRLEY GRAVELY, Plaintiff, v. BARBRA BROOKS, DREMA ADKINS, RANDY BERRY, ALICE BERRY, wife of RONALD BERRY, deceased, DARLENE HUMPHREY, ROGER BERRY, JANE FERNATT, all the heirs of MAE BERRY, deceased, their heirs and assigns, EDWARD JONES, HAROLD JONES, LEWIS JONES (share now owned by Shirley Gravely), CRYIDA JONES, all the heirs of WINFRED JONES, deceased, their heirs and assigns, DALLAS JONES, EDDIE JONES, KATHY JONES, all the heirs of HERBERT JONES, deceased, their heirs and assigns, MIKE JONES, TINY JONES, all the heirs of WILLARD JONES, deceased, their heirs and assigns, FRANK GARDNER, his heirs and assigns, ANNIE NEELY, and MARY SMITH, Defendant. CIVIL ACTION NO. 16-C-6 NOTICE OF SALE AT PUBLIC AUCTION Please take notice that by virtue of an Order of the Circuit Court of Fayette County, West Virginia, entered on June 10, 2016, and by virtue of the authority vested in the undersigned Special Commissioner by said Order, the undersigned Special Commissioner will on December 23, 2016 at 10:00 a.m. sell to the highest bidder at Public Auction at the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia, the following described lots or parcels of land, together with improvements thereon, appurtenances thereunto belonging, rights incidental thereto, situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows: PARCEL 1 TRACT 1: All of that certain tract or parcel of land situate in New Haven District, formerly Sewell Mountain District, Fayette County, West Virginia, and being more particularly bounded and described as follows: A certain tract of surface land on the waters of Shades of Death Creek, beginning at two white oaks, a corner to Tract No. 1 and I.A. Gentry and with latter S 63-42 E 1117 feet to a stake corner to said I.A. Gentry, then S 670 42 E 66 feet to t a stake in a field, thence N 24-18 E 260 feet to a concrete pier; thence, N 23-45 W 1411 feet to a concrete pier on the north side and in the edge of West Virginia State Highway Route 41, also joining the line of Milton M. Hedrick, S 6136 W 242 feet, S 33-36 W 233 feet, S 14-36 W 530 feet, S 37-36 W 185 feet, S 72-36 W 69 feet to the point of beginning, containing 17.48 acres, more or less. There is excepted and reserved from the above 17.48 acre tract the following properties: 1. That certain 2.4 acre tract conveyed by Sanford H. Hedrick and Ona F. Hedrick, his wife, to Chancy Cohenour and Effie B. Hedrick Cohenour by deed dated September 23, 1935, and recorded in said County Clerk’s Office in Deed Book 81, at page 120, and which is more particularly bounded and described as follows: BEGINNING at a stake on the south side of the county road; thence, 5 31-45 E 435 feet to a stake, S 58-15 W 340 feet to a stake, N 31-45 W 178 feet to a stake in the Hedrick line and with same N 14 E 274 feet to a stake, N 33 E 157 to the beginning, containing 2.4 acres. 2. That certain 84/100 of an acre, more or less, which was conveyed by Ona Hedrick, widow of Sanford H. Hedrick, et al, to S.V. Berry and Willa Cr. Berry, his wife, by deed dated October 8, 1951, and recorded in said County Clerk’s Office in Deed Book 166, at Page 117, and which is more particularly bounded and described as follows: BEGINNING at a stake on Howard Berry line, crossing the road S 51 E 64 feet to an iron peg, N 56 E 288.75 feet to an iron stake in a fence and with same fence N 33 W 266 feet to an iron stake corner of Fox; thence, with Gentry and Hayes Berry, S 15 W 186 feet to an iron stake corner to Hayes Berry and S.V. Berry and with his line S 21-30 W 67 feet, S 37 W 129 feet to the beginning, and having an area of 84/100 acre, more or less. 3.There is also reserved a .4 (4/10) acre tract, more or less, which was conveyed by deed of Ona Hedrick, widow of Sanford H. Hedrick, et al, to Sadie F. Pitsenbarger, dated October 8, 1951, and recorded in said Clerk’s Office in Deed Book 220, at page 257 which is more particularly bounded and described as follows: BEGINNING at the S.V. Berry corner, crossing road S 51 E 208 feet with Berry to a stake; thence, S 45 W 50 feet to an iron pin on east side of an old road, a corner of second party’s home tract, and with the line of said revised, N 64-15 W 259 feet to two oak stumps on original corner of Sandford H. Hedrick tract and thence with Howard Berry N 65 E 120 feet to the beginning, having an area of .4 (4/10 acre, more or less). TRACT 2: All of that certain tract or parcel of land situate in New Haven District, Fayette County, West Virginia, and being more particularly bounded and described as follows: BEGINNING at a point in the center of West Virginia Rt. 41; thence with the centerline of said road the following bearings and distances; S 72-06 W 127.84 feet, S 68-36 W 50.80 feet; S 65-03 W 52.20 feet; thence leaving said road, N 34-06 W 249.90 feet to a 1/2 inch iron pin set; thence S 62-24W 115 feet to a 1/2 inch iron pin set near corner post; thence N 44-30 W 464.73 feet to a roof belt set; thence S 57-00 W 60 feet to an iron pin set; thence N 44-30 W 611.22 feet to an iron pin set in Laurel near corner post; thence N 40-15 E 239.50 feet to a /2 inch iron pin set in Laurel over brow of hill; thence S 49-45 E 1298.77 feet to a T Rail (FND) behind and near corner of frame shed; thence N 2250 E 99 feet to an iron pin set; thence S 17-05 E175 feet to an iron pin; thence S 49-45 E 96.20 feet to the point of beginning, containing 8.302 acres, more or less after deducting 0.160 acre for Route 41 right-of-way; all of which is shown on a map attached hereto and made a part hereof. PARCEL 2 BEGINNING at a point in the centerline of West Virginia Route 41 in the extended east line of a 12 foot right-of-way; thence with centerline of Route 41 N 72-06 B 69.11 feet to a point; thence leaving Route 41 and with Buddy White S 49-45 LB 79.80 feet to a 1/2 inch iron rod corner to Buddy Whit end the tract herein described; thence continuing N 7312 E 50.00 feet to a 1/2 inch iron rod corner to same; thence continuing S 49-45 E 282.75 feet to a 1/2 inch iron rod set in a fence corner on line of Buddy White and corner to Melvin Clarten and the tract herein described; thence leaving Buddy White and with Melvin Garten S 60-52 W 101.00 feet to a 1/2 inch iron rod set in a fence corner, corner to Melvin Gluten, Zelma Ganoe and with Ganoe N 50-33 W 125.00 feet to a 1/2 inch iron rod set in the intersection of two fence lines (fence down) corner to Zelma Ganoe and the tract herein described; thence continuing S 51-57 W 90.00 feet to a 1/2 inch iron rod set, corner to same and on the east side of a 12 foot right of way; thence leaving Ganoe and with the east side of said right of way N 31-03 W 261.20 feet to the beginning and containing 1.007 acres, more or less, after deducting 0.024 acres, more or less, in road right of way, as shown on a map or plat attached hereto and made a part of this description. TERMS OF THE SALE: MINIMUM BID: Tract One (1): $12,500.00 MINIMUM BID: Tract Two (2): $11,000.00 TEN PERCENT (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) balance within thirty (30) days. The referenced real estate will be conveyed without warranty and subject to all covenants, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, or other legal liens or fees which constitute a valid lien against such real estate. Philip J. Tissue WV Bar ID #3769) SPECIAL COMMISSIONER 303 Jones Avenue Oak Hill, WV 25901 (304) 469-4431 12-22-THU-3-FT 488