Legal 6 col x 16”
0213 0220 0227
IN THE CIRCUIT COURT OF CLAY COUNTY, WEST VIRGINIA
CLINTON N. NICHOLS,
Plaintiff, Civil Action No. 16-C-11
v. Hon. Jack Alsop, Judge
MARSHALL W. NICHOLS,
Defendant.
NOTICE OF SPECIAL RECEIVER’S SALE
Notice is hereby given that the undersigned Special Receiver, having been appointed by the Circuit Court of Clay County, West Virginia, in that certain Civil Action No. 16-C-11 styled “Clinton N. Nichols v. Marshall W. Nichols,” pursuant to an Order of the Circuit Court of Clay County, West Virginia, entered November 1, 2019, shall sell at public auction for sale to the highest bidder on the 5th day of March, 2020, at the front entry of the Courthouse in Clay County, Clay West Virginia, located at 246 Main Street, Clay, Clay County, West Virginia, at 10:00 o’clock a.m., the following described real estate:
Those certain lots, tracts or parcels of real estate, with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay in CLAY MUNICIPAL DISTRICT, Clay County, West Virginia, and more particularly bounded and described as follows:
TRACT ONE:
BEING that certain Lot situate on the North side of Main Street and adjacent to Church Street (per DB 40/37) in the Town of Clay, Clay County, West Virginia, and being Lot No. 140, as so designated, numbered and laid down on the official Plat of said Town, which said Plat is of record in the Office of the Clerk of County Commission of said County, in Deed Book 4, at the last Pages thereof, and further being described or known as “the Doddrill Home,” and further being the same tract or parcel of real estate conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LT 140 CH. ST. SUR,” Map/Parcel 2-002600000000.
TRACT TWO:
BEING that certain tract or parcel of land, together with the improvements and appurtenances thereunto belonging, situate and fronting on the North side of Main Street, in the Town of Clay, Clay County, West Virginia, and more particularly described as follows: BEGINNING at a corner closest to Hole in Wall at a paved street; thence N. 61-06-30 W., 60.00 feet to an iron pin; thence N. 29-08-30 E., 99.50 feet to an iron pin; thence S. 60-26-00 E., 60 feet to an iron pin; S. 29-08-00 W., 98.78 feet to the place of beginning, containing 5948.2 sq. ft., more or less, and further being described or known as “the Koch Trailer Lot,” and further being the same tract or parcel of real estate conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “BK L T 101 CH. ST., SUR,” Map/Parcel 2- 002700000000.
TRACT THREE:
BEING that certain Lot or parcel of real estate situate in the East End of the Town of Clay, on the North side of Main Street and further bounded and described as: BEGINNING at a point on the retaining wall seventy-seven (77) feet West of the intersection of Main Street and the alley adjacent to Lot No. 133 of said Town (of which a portion of the land hereby conveyed was a part) and running thence in a Northerly direction fifty-three and two-tenths feet (53.2’) to a stake; thence in an Easterly direction seventy-seven feet (77’) to said alley; thence in a southerly direction fifty-three and two-tenths feet (53.2’) to a point on said retaining wall and at the intersection of said Main Street and said alley; thence in a Westerly direction seventy-seven feet (77’) to the point of beginning, and including also any and all appurtenances unto said lot and parcel of land appertaining. The land hereby conveyed is part of Lots 132 and 133 of said Town as so laid down and designated upon the Official Plat thereof, which said Plat is of record in the Office of the Clerk of the County Commission of Clay County, West Virginia, at the last pages of Deed Book 4; and it is also the parcel identified as No. 2 upon the map which is of record in said Office at Page 180 in Deed Book 53, and further being the same tract or parcel of real estate conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk
of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “PT. LT. 132-133 MAINT ST SUR,” Map/Parcel 3-000900000000.
TRACT FOUR:
Those certain lots, tracts or parcels of real estate, with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay in CLAY MUNICIPAL DISTRICT, Clay County, West Virginia, and more particularly bounded and described as follows:
PARCEL ONE:
BEING that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, being that certain parcel of land situate and fronting sixty ( 60) feet, more or less, on the south side of Main Street and extending back therefrom with equal width towards the Northern Shore of the Elk River, for approximately eighty-nine (89) feet, more or less, and further being described or known as “the United States Post Office building,” and further being the same tract or parcel of real estate conveyed by that certain deed dated December 27,2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LOT 26 MAIN ST FURN STORE, SUR” Map/Parcel 5- 005800000000.
PARCEL TWO:
BEING that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the Reed Home,” conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LT 24 MAIN ST SUR,” Map/Parcel 5- 005900000000.
TRACT FIVE:
BEING that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the Dollar General Store building,” and further being the same tract or parcel of real estate conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 457, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LT 28 PT LOT 30 MAIN ST SUR,” Map/Parcel 5- 005700000000.
TRACT SIX:
Those certain lots, tracts or parcels of real estate, with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay in CLAY MUNICIPAL DISTRICT, Clay County, West Virginia, and more particularly bounded and described as follows:
PARCEL ONE:
BEING that certain parcel of land situate and fronting seventy-four (74) feet and nine (9) inches on the south side of Main Street and extending back therefrom with equal width to the Elk River, bounded on the west by a public alley of said town and bounded on the east by a tract of land conveyed to the Clay County Commission by Mauletia Pierson, widow, by a deed dated June 27, 1980, recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 126 at page 511, being all of Lot Number 20 and the western fourteen (14) feet and nine (9) inches of Lot Number 18 as said lots are laid down and numbered on the official plat of the Town of Clay, which plat is recorded in the aforesaid Clerk’s Office in Deed Book 4, and further being described or known as “the DHHR Building,” and further being that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, described and conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 454, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LT 20 MAIN ST SUR,” Map/Parcel 5- 006100000000.
PARCEL TWO:
BEING that certain Lot or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, situate and fronting on Main Street and extending back therefrom to the Elk River (See DB 50/434); in the Town of Clay, Clay County, West Virginia, and being Lot No. 22, as so designated, numbered and laid down on the official Plat of said Town, which said Plat is of record in the Office of the Clerk of County Commission of said County, in Deed Book 4, at the last Pages thereof, and further being described or known as “the DHHR Parking Lot,” and further being that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, described and conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 454, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “LT 22 MAIN ST. SUR,” Map/Parcel 5-006000000000.
PARCEL THREE:
BEING that certain Lot or parcel of real estate, together with the improvements thereon and appurtenances thereunto belonging, in the Town of Clay, Clay County, West Virginia, and being part of Lot 18, as so designated, numbered and laid down on the official Plat of said Town, which said Plat is of record in the Office of the Clerk of County Commission of said County, and further being described or known as “the DHHR Alley Lot,” and further being that certain tract or parcel of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, described and conveyed by that certain deed dated December 27, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 209 at page 454, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “NICHOLS LAND COMPANY” as “PT LOT 18 MAIN ST. & ROW SUR,” Map/Parcel 5- 006200000000.
TRACT SEVEN:
Those certain lots, tracts or parcels of real estate, with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay in CLAY MUNICIPAL DISTRICT, Clay County, West Virginia, and more particularly bounded and described as follows:
PARCEL ONE:
BEING part of those certain tracts or parcels of real estate together with the improvements hereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the IGA Lot,” and further described and conveyed by that certain deed dated August 24, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 208 at page 1019, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “DAN D SIZEMORE CLINTON NICHOLS” as “LOT 47 MAIN ST STORE SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 007800000000.
PARCEL TWO:
BEING part of those certain tracts or parcels of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the IGA Lot,” and further described and conveyed by that certain deed dated August 24, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 208 at page 10 I9, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “DAN D SIZEMORE CLINTON NICHOLS” as “LT 49 MAIN ST SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 007900000000.
PARCEL THREE:
BEING part of those certain tracts or parcels of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the IGA Lot,” and further described and conveyed by that certain deed dated August 24, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 208 at page 1019, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “DAN D SIZEMORE CLINTON NICHOLS” as “LT 51 MAIN ST SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 008000000000.
PARCEL FOUR:
BEING part of those certain tracts or parcels of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the IGA Lot,” and further described and conveyed by that certain deed elated August 24, 2011, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 208 at page 1019, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “DAN D SIZEMORE CLINTON NICHOLS” as “20 FT LOT MAIN ST SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 0081 00000000.
TRACT EIGHT:
BEING those two (2) parcels of real estate together with the improvements thereon and appurtenances thereunto belonging, situate in the Town of Clay (formerly Henry in prior deeds), Clay County, West Virginia, and further being described or known as “the Church/Bank Street Building,” and further described and conveyed by that certain deed dated May 1, 2014, and recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book 215 at page 1018, and further being described and carried on the 2019 Land Books lodged in the Office of the Assessor of Clay County, West Virginia, in the name of “MARSHALL NICHOLS ET AL. RENEE MOORE” as “19X55 & 60X100 TOWN OF CLAY SUR,” Map/Parcel 2 – 003200000000.
There are excepted and reserved from all lots, parcels, and tracts of real estate described herein all minerals underlying the above-described land; and all said lots, parcels, and tracts of real estate are made subject to all rights of way, easements, covenants, reservations, conditions, restrictions, exceptions, liens, or encumbrances visible on the ground or reflected in the chains of title to the property hereby conveyed.
TERMS OF SALE:
1. All tracts described and set forth herein shall be sold by public auction separately and distinct of each other to the highest bidder with no minimum bid, however, upon the conclusion of the public auction of all said eight (8) individual tracts, an additional public auction of all eight (8) tracts together shall be conducted by public auction with a minimum bid of the total sum of all eight (8) high bids obtained as a result of the said separate and distinct sales public auction of the said eight (8) tracts, if any.
2: The sale of any and all tracts of real estate described and set forth herein is subject to approval by the Circuit Court of Clay County, West Virginia.
3. Terms of sale are 10% cash or cashier’s check, or deposit at time of sale with the full and complete balance due upon the date of a hearing to be set by the Circuit Court of Clay County, West Virginia, or upon such other terms as may be approved by the Court.
4. The special receiver reserves the right to continue the sale from time to time without notice.
5. The special receiver further reserves the right to reject any and all bids if, in his opinion, they are not adequate.
6. All real estate subject to this sale shall be sold subject to the payment of any unpaid real estate taxes.
7. All real estate subject to this sale shall be sold by the boundary and not by the acreage.
8. All real estate subject to this sale shall be conveyed by special warranty deed.
Clinton R. Bischoff, Esquire
West Virginia State Bar No. 9330
THE BISCHOFF LAW FIRM PLLC
P.O. Box 368
Shepherdstown, West Virginia 25443
Special Receiver