IN THE CIRCUIT COURT OF
MARSHALL COUNTY, WEST VIRGINIA
Civil Action No. 14-C-182
The Honorable David W. Hummel, Jr.
Order of Publication of Notice of Special Commissioner’s Sale
AMERICAN SHALE DEVELOPMENT
INC., a foreign corporation, and
REPUBLIC ENERGY VENTURES,
LLC, a foreign Limited Liability company,
Plaintiffs,
v.
BETTY HAMRICK, ROGER A. MCCOSH, EILEEN RYAN, NORMAN RYAN, CAROL RYAN, RONALD A. LICHNIAK, KAREN ORDWAY, ADAM NICKOLICH, EUGENE WINTERS, RICHARD A. MCINTIRE, DEBBIE HICKMAN, DONALD E. MCINTIRE, VICTORIA S. MUSSLEMAN, DENVER C. TRIPLETT, JOY MCDONNELL, CAROL HACKENBRACHT, JAMES L. TRIPLETT, JOHN C. TRIPLETT,MAURA MAUST (MARLA MAUST), JAMES K. MAUST, TRACIE ENOS, D. JEAN WIMSATT, JANICE L. HANES, BETTY J. SIZEMORE, DAVID L. LONG, WANDA WATSON, JOHN WAYNE WINTERS, ANNA, L. WINTERS, PATRICIA ANN CUCHTA, GERALD LEE WINTERS, SR., ALECIA S. WINTERS, SANDRA KAY WINTERS, KEZIA M. WINTERS, WENDY PERKINS, DANNY K. PERKINS, DUSTIN WINTERS, SHIRLEY ANN SLOKAN, REBECCA ANN MCCANN A LBERT, KATHY LYNN WHITE, GENE WHITE, BRUCE WINTERS, DIANA WINTERS, CARL LEE MINEAR, MILDRED L. MINEAR, KENNETH EUGENE MINEAR, TERRY DARLENE MINEAR,
JUDITH ANN JOHNSON, HAROLD F. JOHNSON, EDWARD EARL MINEAR, BONNIE SUE BLACKWELL, WILLIAM BLACKWELL, CARL W. SCHRAMM, CHERYL L. SCHRAMM, CHARLES T. SCHRAMM, DONNA D. SCHRAMM, JOHN B. SCHRAMM, NORMAN YOUNGER, JEAN YOUNGER, JACK M. WINTERS, BLANCHE WINTERS, DONALD W. WINTERS, CHARLES E. WAYT, WENDY WAYT, ROGER WAYT, TWILA J. WAYT, DOUGLAS W. WAYT, PAUL WINTERS,
ROBERT WINTERS, MARJORIE WINTERS, KENNETH WINTERS, SHANNON WINTERS, CAROL A. WINTERS, MARY A. REDD, GEORGE F. REDD, MAVERENE L. REDD, JAMES M. REDD, SHIRLEY J. REDD, BRIAN STEPHEN KEY, KATHERINE KEY, MARY FRANCIS, ROGER W. FRANCIS, GLORIA ELLIS, RUSSELL R. DULEY, DAVID L. DAY, VICKI L. DAY, RAY MCNEELY, MARION HOWARD, MICHELLE A. MADISON, ROY PRICE,
LARRY BELL, TERRY E. EVANS, ROBIN E. EVANS, STEVIN RAY EVANS, GREGORY C. EVANS, ERIN N. EVANS (ERIN CECIL), BETTY C. TRIPLETT, GWENDOLYN RYAN, and/or her REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS and/or CREDITORS, DAVID M. LICHNIAK, and/or his
REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS and/or CREDITORS, WILLIAM G. RYAN, and/or his REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS and/or CREDITORS, MABEL FIVES, and/or her REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS and/or CREDITORS,HELEN SCHRAMM, and/or her REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS and/or CREDITORS, and the REMAINING UNKNOWN HEIRS, DEVISEES, SUCCESSORS, ASSIGNS AND/OR CREDITORS OF ANY OF THE ABOVE and ALL OTHER UNKNOWN PERSONS OR DEFENDANTS, who own or claim to own an interest in and to the oil and gas within the underlying, that certain tract or parcel of land containing 23.28 acres, more or less, situate in Cameron District, Marshall County, West Virginia,
Defendants.
NOTICE OF SPECIAL COMMISSIONER’S SALE
Notice is hereby given that, pursuant to that certain Order of the Circuit Court of Marshall County, West Virginia, entered on June 16, 2015, David C. White, Esq., Special Commissioner to the Circuit Court of Marshall County, West Virginia, as duly appointed and authorized by such Order, will offer for sale at public auction to the highest bidder on August 11, 2015 at 10:00 a.m., at the front door of the Courthouse of Marshall County, West Virginia, all of the oil and gas, as yet un-leased by American Shale Development, Inc., and/or Republic Energy Ventures, LLC, and the appurtenances and rights of way thereunto belonging, underlying subject tract of land, containing in the aggregate 23.28 acres, more or less, situate in Cameron District, Marshall County, West Virginia., and more particularly described as follows:
SUBJECT TRACT:
Beginning at a stake in a bend of the west side of the county road a corner of the three divisions thence with said road S. 56 1/2 E. 36.93 poles to an iron pin in the center of the said road, thence leaving the said road S. 41 1/2 W. 8.89 poles to a stake, S. 81 1/2 E. 6.72 poles to a stake S. 27 E. 36.12 poles to a stake, S. 14 1/4 E. 10.12 poles to an iron pin in John Richeys line, S. 85 W. 42.16 poles to a stake, corner to John Richey and Frank Phillips, thence with lines of Frank Phillips N. 27 1/2 E. 3.5 poles to a stake, N. 17 1/2 E. 3 poles to a stake, N. 09 W 3 poles to a stake, N. 66 1/2 W. 5.5 poles to a stake, N. 64 3/4 W. 25.5 poles to a stake, N. 67 W. 14 poles to a stake, N. 51 3/4 W. 7.5 poles to a stake, N. 44 W. 8 poles to a stake, N. 32 W. 6.79 poles to corner to Effie Spencer land, thence with the same N. 56 1/2 E. 54.33 poles to place of the beginning, containing twenty-three acres and 28/100 of an acre, more or less.
Being the same property described in a Deed dated Mach 10, 1919, and recorded in Deed Book 167, at Page 40, from G. T. Winters and Sarah B. Winters, his wife, to J. M. Wellman and H. M. Wellman.
Further being all of the oil and gas underlying the aforedescribed tract of land as shown on the tax maps for Marshall County, Cameron District as Tax Map 7, Parcel 11.
The sale shall be subject to the following terms: (1) The purchase price shall be paid in cash or certified check in hand on the day and time of sale or alternatively any and all prospective bidders shall furnish unto the Special Commissioner an irrevocable letter of credit from a credible and regulated financial institution guaranteeing the prospective bidder’s highest bid; (2) Said sale will be made without warranty and subject to any unpaid taxes or assessments, exceptions, reservations, conditions, rights of way, easements and servitudes, if any, in the chain of title to the property or affecting title to the property; (3) Said sale is subject to any unreleased oil and gas leases of record including, but not limited to, those recorded oil and gas leases from individual owners in favor of American Shale Development, Inc. and/or Republic Energy Ventures, LLC, and (4) The undersigned expressly reserves (i) the right to cancel the sale if there are no bidders, (ii) the right to reject any or all bids, and (iii) the right to adjourn the sale from time to time or continue the sale without notice other than oral proclamation at the time and place appointed for the sale.
It is anticipated that approximately 13.164683{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the subject oil and gas underlying the subject tract will be sold at the aforesaid Special Commissioner’s sale. The exact percentage of such oil and gas to be sold will be announced orally at the time of sale.
A minimum bid is hereby imposed in the amount of $12,000.00 per net acre to be sold pursuant to this Notice of Sale.
July 8th, 2015
David R. Ealy
Clerk of the Circuit Court
Marshall County,
West Virginia
SPECIAL
COMMISSIONER
David C. White, Esq.
WV State Bar ID
No. 5536
Neiswonger &
White, PLLC
409 Morton Avenue
Moundsville, WV 26041
Telephone:
(304) 843-1797
Int. July 23, 30, 2015
Int. Aug. 6, 2015
234553