IN THE CIRCUIT COURT OF
POCAHONTAS COUNTY,
WEST VIRGINIA
Civil Action No.: 09-C-35
REEVA POLAND,
Plaintiff,
v.
EUGENE UNDERWOOD, et als.,
Defendants.
NOTICE OF SALE
Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Pocahontas County, West Virginia, entered on the 21st day of November, 2014, in Civil Action No. 09-C-35, entitled Reeva Poland v. Eugene Underwood, et als., the undersigned as Special Commissioners of said Court shall, on the 18th day of December, 2014, commencing at 1:00 p.m., proceed to sell at the front door of the courthouse of Pocahontas County, West Virginia, in Marlinton, at public auction, to the highest bidder, three tracts or parcels of real estate situate in Huntersville District, Pocahontas County, West Virginia, on Beaver Creek Road near the north entrance to Watoga State Park, containing in the aggregate 96 acres, more or less, and described as follows:
1. That certain parcel situate on the South Fork of Beaver Creek bounded and described as follows: Beginning at a large white oak on a bank, thence in a southeasterly direction about 100 poles to the public county road leading from Huntersville to the head of Little Creek; thence with said road to Joe Pyles’ line; thence with said line to the beginning, containing by estimation about 8 acres; and which is assessed in Pocahontas County as “Underwood Kenny Est, Map 62 Parcel 2, Beaver Creek 8 AC Fee.”
2. That certain parcel situate on the South Fork of Beaver Creek bounded and described as follows: Beginning at a large white oak (now down) on a bank S. 47 3/4 E. 240 poles, crossing the creek, to a white oak in a hollow N. 36 E. 66 poles to a white oak on a point of a ridge S. 45 W. 72 poles to a white oak on a ridge, corner to what is known as the Sharp land and with the same N. 65 W. 170 poles to a stake at the mouth of a hollow where a large white oak is called for, but not found, thence about S. 22 W. about 12 poles to the beginning, containing 66 acres, more or less; and which is assessed in Pocahontas County as “Underwood Kenny Est, Map 62 Parcel 7, Beaver Creek 66 AC Fee.”
3. That certain parcel situate on the South Fork of Beaver Creek bounded and described as follows: Beginning at the middle of the Huntersville and Burr Valley public road on a line of a tract of 75 acres, belonging to said party of the second part, and going with the middle of said road, going away from the 75 acres, N. 43.30 E. 386 feet, N. 39.30 E. 142 feet, thence leaving the road and making a division line, N. 49-54 W. crossing Beaver Creek leading out at 175 feet passing out of the 188 acres, and into the 297 1/4 acres, at about 835 feet in all 1600 feet to a dead white oak snag with 2 white oak and 1 red oak pointers on the east side of a hill, a corner to a tract of 260 acres known as J.R. Droney land and with the same S. 2 E. 550 feet to a white oak and pin oak on a point at top of a ridge, thence leaving said Droney land and making another division line in the 297 1/4 acres, S. 61 W. 520 feet to a white pine stump and a white oak stump at the foot of a hill, a corner to said tract of 75 acres, and with the same S. 62 E. 693 feet to a stake in cleared land, a corner to the 188 acres and with the 188 acres and the 75 acres, S. 66 E. crossing said Beaver Creek leading in at 549 feet, in all 712 feet to the beginning, containing 22 acres; and which is assessed in Pocahontas County as “Underwood Kenny Est, Map 62 Parcel 1, Beaver Creek 22 AC Fee.”
This sale will be by the boundary and not by the acre without warranty as to the quantity of acreage contained on said real estate.
The sale shall be made without warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, mineral rights, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by deeds or other instruments constituting the record chain of title to the real estate aforesaid.
The sale shall be made subject to any and all liens and encumbrances affecting the real estate and to all unpaid or any accrued real estate taxes assessed against the real estate.
This sale shall further be made subject to all necessary rights of way for ingress, egress and regress; water/sewer, and utility service to the real estate.
Any sale hereunder may be postponed from time to time or adjourned without any notice other than an oral announcement at the time and place appointed for this sale or by posting notice. The Special Commissioners reserve the right to reject any and all bids.
This sale is subject to the approval and confirmation by the Circuit Court of Pocahontas County, West Virginia.
Terms of Sale: Ten (10.00{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of purchase price due on day of sale payable to the Special Commissioners and the balance in immediately available funds at closing, which shall be within thirty (30) days from the day of sale.
Jeffrey S. Zurbuch
Stephen O. Callaghan
SPECIAL COMMISSIONERS
12-10, 12/15