IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 18-C-194 (B)
HOMER HEDRICK, III,
PLAINTIFF,
VS.
AMY HOWARD and
KATHY WADE,
DEFENDANTS.
NOTICE OF PUBLIC SALE
OF REAL ESTATE
Pursuant to the Order of Partition Sale of the Honorable Paul M. Blake, Jr., Chief Judge of the Circuit Court of Fayette County, West Virginia, the undersigned Special Commissioner, Christopher S. Moorehead, Esq., shall sell at public auction at the front door of the Fayette County Courthouse located in the City of Oak Hill, Fayette County, West Virginia, on March 19, 2019 at 10:00 o’clock a.m., the following described tract or parcel of real estate situate in the City of Oak Hill, Fayette County, West Virginia to-wit:
Lot No. Forty-Seven (47), as the same is shown on a map entitled “Map of the Trump Addition to the City of Oak Hill, West Virginia,” a copy of which map is of record n the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Map Book 4, at Page 335.
And being the same real estate conveyed unto Kyle Wade, Jr. and Mary E. Wade, his wife, as joint tenants with the right of survivorship, by deed of Kyle Wade, Jr. and Mary E. Wade, his wife, dated May 20, 1981, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 406, at Page 356. Kyle Wade, Jr., died on July 8, 2005, and pursuant to the survivorship provision in the aforesaid deed, Mary E. (Elizabeth) Wade acquired full title to said real estate. Mary Elizabeth Wade died intestate on December 20, 2017, a resident of Fayette County, West Virginia, at which time the Real Estate descended to her heirs-at-law, to-wit: Homer Hedrick, III, Amy Howard and Kathy Wade.
The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters disclosed by an accurate survey and an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein.
The Special Commissioner reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment. The successful bid at the sale is subject to the review and approval by the Circuit Court of Fayette County, West Virginia.
The subject property will be sold in “as is” condition. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Special Commissioner will deliver a Special Commissioner’s Deed to the purchaser without any covenant or warranty, express or implied. The Special Commissioner makes no representations and warranties about the title of the real estate to be conveyed. If the Special Commissioner is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit.
TERMS OF SALE: Cash in hand by 2:00 p.m. on the day of sale in the form of immediately available funds by a certified check or cashier check made payable to “Christopher S. Moorehead, Special Commissioner”.
Christopher S. Moorehead
Special Commissioner
219 North Court Street
Fayetteville, WV 25840
(304) 574-3556
WV State Bar No. 6242
3-4-MON-3-RH; LG 212434
ID: 212434