IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA
CANAAN CROSSING HOMEOWNER’S
ASSOCIATION, INC.
Plaintiff,
v. Civil Action No. 22-C-48
Judge David H. Wilmoth
ROBERT THOMAS PENIC
Defendant.
AMENDED NOTICE OF SPECIAL COMMISSIONER SALE
Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Randolph County, West Virginia, entered on the 17th day of November, 2022, in Civil Action No. 22-C-48, entitled Canaan Crossing Homeowner’s Association, Inc. vs Robert Thomas Penic, as Special Commissioner of said Court, shall on the 14th day of March, 2023 at 1:30 p.m. proceed to sell at public auction at the front door of the Randolph County Courthouse to the highest bidder(s), the following hereinafter described real estate, together with any buildings, structures and other improvements situate thereon and any and all appurtenances located on the real estate herein, being more particularly bounded and described as follows:
All that tract or parcel of land situate in Dry Fork District, Randolph County, West Virginia, known as Lot 18, of the Roaring Plains Section of Canaan Crossing Corporation Development, containing 3.50 acres, which said Lot 18 is more particularly shown on a map or plat of said Roaring Plains Section, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Plat Cabinet C at Slide 23.
SUBJECT TO all restrictions, reservation, covenants, exceptions easements and right of way easements, including utility right of ways as set forth in the chain of title.
AND BEING the same real estate as conveyed unto Robert Thomas Penic, single by Mark C. Anderson and Mary Loretta Anderson, husband and wife, by deed dated December 31, 1998 and of record in Deed Book 463, at page 679.
1. Said sale will be held at the Randolph County Courthouse, in Elkins, Randolph County, West Virginia,
2. The Special Commissioner will allow all prospective purchasers to visually inspect the real estate to be sold from the roadway adjacent to the property from 10:00 a.m. to 11:00 a.m. on the day of sale.
3. 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.
4. The sale shall be made with special 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.
5. The sale shall be made subject to any and all liens and encumbrances affecting the real estate, to all unpaid or any accrued real estate taxes assessed against the real estate. The proceeds from the sale will be applied to pay the judgments/obligations owed to Canaan Crossing Home Owners Association (CCHOA) of record in the Office of the Clerk of the Randolph County Commission. CCHOA will release those judgments, upon receipt of the payment.
6. 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.
7. 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 Commissioner reserve the right to reject any and all bids.
8. Opening bid: Bidding will start at $28,000.00. The real property will not be sold for less than the opening bid amount.
9. Conveyance of the real estate will be made by a Special Commissioner 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. All real estate, and any improvements located thereon, are sold in “AS IS” condition and are FINAL. The Special Commissioner do 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 and personal property after the sale are the responsibility of the purchaser(s). Anyone interested in purchasing the subject property should review the contents of this case file (Randolph County Civil Action No. 22-C-48), of record in the office of the Circuit Clerk of Randolph County. 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, title fees and recording charges shall be at the expenses of the purchaser(s). Special Commissioner makes no representation regarding the state of title to the real estate or personal property. Purchaser(s) shall bear the responsibility and risk of any inspection of 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 and shall take title to the personal property subject to any liens and UCC filings.
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 real estate being sold is currently occupied. The purchaser shall be solely responsible for removing any existing tenant or person occupying the real property, as well as any personal property remaining on the real property after the sale. The Special Commissioner shall neither have a duty to cause any existing tenant or person occupying the property to vacate said property, nor shall the Special Commissioner have a duty to cause any personal property and/or belongings remaining at the real property to be removed.
Approval of the Circuit Court: This sale is subject to the approval and confirmation by the Circuit Court of Randolph County, West Virginia.
Terms of sale: Ten (10.00%) 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 and personal property, or the applicable portion thereof, or, at the discretion of the Special Commissioner convey the real estate and personal property to the next highest bidder if such bidder will honor said bid.
JEFFERSON L. TRIPLETT, as
Special Commissioner
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