NOTICE OF PARTITION SALE AT PUBLIC AUCTION

NOTICE OF PARTITION SALE AT PUBLIC AUCTION PURSUANT TO WEST VIRGINIA CODE c 37-4-3 PLEASE TAKE NOTICE that by virtue of an Order of the Circuit Court of Raleigh County, West Virginia entered on November 16, 2015 by Judge H.L. Kirkpatrick, III, in Lowie E. Lilly v David Kent Lilly, Civil Action No. 15-C-708 and pursuant to the authority vested in them by said order, Thomas H. Ewing and Jason Grubb, the undersigned Special Commissioners will on MONDAY, MARCH 14, 2016, at 10:30 a.m. sell to the highest bidder at Public Auction at the front steps of the Raleigh County Courthouse, Beckley, West Virginia, the following real estate, situate in Shady Spring District, Raleigh County, West Virginia, with the improvements thereon and appurtenances thereunto belonging as follows: All the surface of a certain lot or parcel of land located in Shady Springs District, Raleigh County, West Virginia, and being Lot No. 57 of Shady Heights as shown on a map of record in the Office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book 7, at page 38. Said Lot 57 fronts 100 feet on the South side of Fourth Street and extends back therefrom on the East along with Lot 58 a distance of 441.55 feet and extends back on the West along with Lot No. 56 a distance of 478.1 feet and is 106.6 feet wide on the rear. The address commonly associated with said real estate is 182 Hampton Drive, Shady Spring, West Virginia (District 8, Tax Map 2001, Parcel 163). Being the same tract or parcel conveyed to Freddie L. Lilly and Mildred Lilly, his wife, by deed dated January 4, 1972, from Franklin Pierce and Janet M. Pierce, his wife, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 507, at page 389. Based on the terms of said deed, Freddie L. Lilly and Mildred Lilly held title to said real estate as tenants in common with no right of survivorship. Freddie L. Lilly died testate. Pursuant to the Article III of the Last Will and Testament of Freddie L. Lilly, of record in said Clerk’s Office in Will Book 33, at page 601, his one-half interest in said real estate was devised to his wife, Mildred Lilly, thereby vesting her with full title to said real estate. Mildred Lilly died intestate on March 12, 2014. Pursuant to West Virginia Code c42-1-3a, David Kent Lilly and Lowie E. Lilly are her sole heirs-at-law and therefore each acquired a one-half undivided interest in said real estate as result of her death. Pursuant to all of the above, foregoing real estate owned by Mildred Lilly at the time of her death is now owned by the following individuals in the following fractional interests: David Kent Lilly 1/2 interest Lowie E. Lilly 1/2 interest TERMS OF SALE: Cash in hand on day of sale. The subject property and any improvements thereon are being sold AS-IS, WHERE-IS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR CONDITION OR FITNESS FOR ANY PURPOSE OR AS TO THEIR COMPLIANCE WITH ANY LAWS. This sale is being made subject to all restrictions, conditions, reservations and easements contained in deeds or instruments of record in aforesaid Clerk’s Office, and subject further to all unpaid real estate taxes and special assessments, if any, the purchaser assuming the payment thereof. The purchaser shall be responsible for the payment of any transfer taxes and recording fees necessary to place of record the aforesaid deed, In the event the subject property is occupied, the undersigned Special Commissioners shall be under no duty to cause any existing tenant or occupant to vacate the subject property. THOMAS H. EWING (304) 574-4703 [email protected] JASON R. GRUBB (304) 763-5122 contact@ jasongrubb.com SPECIAL COMMISSIONERS 2-25-THU-3-RH; 7064