SPECIAL
COMMISSIONER’S SALE OF VALUABLE
REAL ESTATE
By virtue of the authority vested in the undersigned Special Commissioners, namely, Duke A. McDaniel and Nathan H. Walters, by virtue of that certain Initial Hearing Order, entered within Grant County, West Virginia Civil Action No. 24-C-3, by the Honorable James W. Carrier Jr., Grant County Circuit Court Judge, and styled as Naomi Jean Kimble, Plaintiff v. Grant Edward Kimble & New Creek Wind, LLC., Defendants. Your undersigned Special Commissioners will offer for sale at public auction to the highest bidder(s) at the backdoor of the Grant County Courthouse, located at 5 Highland Avenue, Petersburg, West Virginia 26847, on
FRIDAY,
OCTOBER 11, 2024
AT NOON—12:oo P.M.
the following described tract or parcel of real estate:
All that certain tract or parcel of real estate containing 313.09 acres, more or less, lying and being situate in Union District, of Grant County, West Virginia, and designated as Parcel 21 on Tax Map 208 of the Union District of Grant County, West Virginia Assessment records.
The aforesaid 313.09-acre tract or parcel real estate is more particularly described as follows:
“All that certain tract or parcel of real estate containing 315.09 acres, more or less, by calculation of the Grant County, West Virginia Assessment records, together with any and all rights, rights-of-way, structures, minerals, easements, improvements and appurtenances thereunto belonging, lying and being situate in Union District, Grant County, West Virginia, and being considered as the residue of an original tract containing 370 acres, with said 370 acre tract being more particularly described by metes and bounds in that certain Deed from Delphia M. Hanlin unto Vauda H. Kimble, with said Deed dated August 2, 1972, of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia in Deed Book 101, at Page 265. LESS HOWEVER; an 11.00 acre out-conveyance unto the West Virginia Department of Transportation, Division of Highways, by that certain Deed from Grant E. Kimble, Naomi J. Kimble, and Lloyd W. Kimble, with said Deed dated September 28, 2007, and of record in the aforesaid Clerk’s Office in Deed Book 238, at Page 77. LESS HOWEVER; a 40.08 acres out-conveyance unto the West Virginia Department of Transportation, Division of Highways, by that certain Deed from Grant E. Kimble, Naomi J. Kimble, and Lloyd W. Kimble, with said Deed dated October 17, 2007, and of record in the aforesaid Clerk’s Office in Deed Book 238, at Page 83. LESS HOWEVER; a 0.01 acre out-conveyance unto the West Virginia Department of Transportation, Division of Highways by that certain Deed from Grant Edward Kimble, Naomi Jean Kimble, and Lloyd W. Kimble, with said Deed dated February 11, 2009, and of record in the aforesaid Clerk’s Office in Deed Book 248, at Page 678. LESS HOWEVER; a 0.85 acre out-conveyance unto Blondell M. Arbogast by that certain Deed from Grant E. Kimble and Naomi Jean Kimble, with said Deed dated June 9, 2016, and of record in the aforesaid Clerk’s Office in Deed Book 274, at Page 643.” LESS HOWEVER, a 2.00 acre out-conveyance to Naomi J. Kimble, by that certain Deed from Duke A. McDaniel and Nathan H. Walters, in their capacity as Special Commissioners, relative to Grant County Civil Action 24-C-3, with said Deed dated September 3, 2024, and of record in the aforesaid Clerk’s Office in Deed Book 315, at page 103. Reference is also made to the Last Will & Testament of Vauda H. Kimble, also of record in the aforesaid Clerk’s Office in Will Book 10, at page 472.
This is a sale in gross and is sold in an “as is” condition. Said tract or parcel of real estate will be conveyed subject to any and all restrictions, reservations, covenants, conditions, easements, or rights-of-way granted, reserved, or provided for in any and all prior instruments in the chain of title.
The real estate taxes associated with the aforementioned tract or parcel of real estate will be prorated as of the closing date and will be thereafter paid by the purchaser(s) of the above referenced tract or parcel of real estate. The highest bidder(s) shall also be responsible for the excise tax on the transfer of the subject real estate and for the cost of the preparation of the Deed conveying the aforementioned real estate to the highest bidder(s). The sale of the real estate is subject to the confirmation of the Circuit Court of Grant County, West Virginia.
The above tract or parcel of real estate offered for sale herein will be conveyed unto the highest bidder(s) by Special Warranty Deed from your undersigned Special Commissioners.
TERMS: A one hundred-thousand-dollar ($100,000.00) deposit in cash, cashier’s check, or certified check on the above referenced day of sale will be required with regard to the tract or parcel of real estate offered for sale herein, with the balance thereof to be paid in full upon the delivery of the Special Warranty Deed, which said delivery shall take place not more than thirty (30) days, subsequent to confirmation of the sale by the Circuit Court of Grant County, West Virginia. Failure to close within the applicable time frame will cause a forfeiture of the deposit paid.
Prospective bidders are invited to contact Auctioneer, Bruce “Icky” Hyre Jr., (WV#494) (304) 257-3134, Special Commissioner, Duke A. McDaniel, (304) 257-4377, or Special Commissioner, Nathan H. Walters, (304) 530-6618 to view and/or inspect the real estate and to make any inquiries related thereto. Please also visit auctionzip.com for additional information and pictures depicting the real estate offered for sale.
Duke A. McDaniel, Esq.
Special Commissioner
304 Virginia Avenue
Petersburg, WV 26847
(304) 257-4377
Nathan H. Walters,
Esq.
Special Commissioner
Walters & Heishman,
PLLC
PO Box 119
Moorefield, WV 26836
(304) 530-6618
I, Melanie Biggs, do hereby certify that bond with approved surety, as provided by said Court, has been executed before me by the said Special Commissioners.
Melanie Biggs
Clerk of the Circuit
Court of Grant County,
West Virginia
9-19-4c