Legal 6 col x 8-1/2”
1226 0102 0109
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 I, 2019, shall sell at public auction for sale to the highest bidder on the 23rd day of January, 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 9:00 o’clock a.m., the following described real estate:
[T]hose 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 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 as “Tract Four,” as 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 STREET SUR FURNITURE STORE,” Map/Parcel 5 – 005700000000.
TRACT 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, being the same tract or parcel of real estate described as “Tract Four,” as 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 28 & PT LOT 30 MAIN ST SUR,” Map/Parcel 5 – 005800000000.
TRACT THREE:
BEING part of 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 “LOT 20 MAIN STREET,” Map/Parcel 5 – 006100000000.
TRACT 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, 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.
TRACT FIVE:
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, 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 49 MAIN ST SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 007900000000.
TRACT SIX:
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, 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.
TRACT SEVEN:
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, 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 “20 FT LOT MAIN ST SUR LAND CONTRACT MAIN ST ALIVE LLC CLINTON & MARSHALL NICHOLS,” Map/Parcel 5 – 008100000000.
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, 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.
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{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} 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
IN THE CIRCUIT COURT COUNTY OF CLAY, WEST VIRGINIA
clinton N. NICHOLAS BOND OF RECEIVER
PLAINTIFF(S) Clinton R. Bischoff
vs. CASE NO. CC-08-2016-C-11
MARSHALL W. NICHOLAS BOND NO. 3488982
DEFENDANT(S) PREMIUM: 1,000.00
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Clifton R. Bischoff/The Bischoff Law Firm PLLC as Principal, and SureTec Insurance Company, a corporation duly organized and existing under the laws of the State of Texas and duly authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto the State of West Virginia, in the sum of Fifty Thousand Dollars ($50,000.00), lawful money of the United States, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, by an order of the Circuit Court of the County of Clay on the 1st day of November, 2019, in the above entitled action, the above bounden Clinton R. Bischoff/The Bischoff Law Firm PLLC was appointed Receiver therein and was directed, before entering upon the discharge of his duties as such Receiver, to execute a bond according to law in said sum above named.
NOW THEREFORE, if the said, Clinton R. Bischoff/The Bischoff Law Firm PLLC shall faithfully discharge the duties of Receiver in the action and obey the orders of the court therein, then this obligation shall be void; otherwise to remain in full force and effect.
DATED THIS 11th day of November, 2019.