IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 18-C-100
The Honorable
John W. Hatcher, Judge
STEVEN J. DAVIS,
PETITIONER,
VS.
GLORY PEYTON, EWING MOORE, CHARLOTTE LAVINDER, THOMAS LAVINDER, SHELLY TAYLOR, BRENDA EAGLE, UNKNOWN HEIRS AT LAW OF THETIA A/K/A THETIE SNYDER, LEROY HOUCHINS, UNKNOWN HEIRS AT LAW OF KATHERINE HOUCHINS,
RESPONDENTS.
NOTICE OF SALE OF
REAL ESTATE BY
SPECIAL COMMISSIONER
Pursuant to Order of the Circuit Court of Fayette County, West Virginia, entered July 9, 2018, in the above referenced matter, Erwin L. Conrad, the undersigned Special Commissioner, will offer for sale at the front door of the Fayette County Courthouse, 100 Court Street, Fayetteville, WV, at public auction to the highest bidder on
Friday, August 3, 2018
10:00 a.m.
the following described tract or parcel of surface land situate in or near Oak Hill, Plateau (formerly Fayetteville) District, Fayette County, West Virginia, and being more particularly described as follows:
BEING the same tract or parcel of surface land as was conveyed unto E. J. Lavender (Lavinder) by L. M. Lavender, by deed dated March 16, 1926, and recorded in the Fayette County Court Clerk’s office in Deed Book No. 60 at Page 603; reference to which said deed and the preceding deeds in the chain of title is hereby made for a more full and complete description of said tract or parcel of surface land, and which said surface tract contains 10 acres.
The above described real estate will be sold by the undersigned Special Commissioner by auction to the highest bidder, subject to Court approval of the sale.
Terms of sale are cash or certified check in hand from the highest bidder or a ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) deposit with the balance paid within ten (10) days of approval of the sale by the Circuit Court of Fayette County or by Letter of Credit from a financial institution with an office in Fayette County West Virginia insuring such bid with the balance due and payable within ten (10) days following approval of the sale by the Circuit Court of Fayette County.
The undersigned Special Commissioner reserves the right to continue such sale or reschedule the same by posting on the front door of said Courthouse a notice of such continuance and of the new date and time with an additional notice thereof posted in the hallway of the Fayette County Courthouse.
The said surface, tract, or parcel will be sold “as is” without any warranty by said Special Commissioner as to the title of the property and without any warranty as to the condition of the premises and without any warranties or representations as to the contamination, lack of contamination of the surface, substrata, or the presence of hazardous substances and/or petroleum and/or related by-products, hydrocarbons, radon, urea formaldehyde and/or polychlorinated biphenyl compounds.
The Special Commissioner shall be under no duty to cause any existing tenant or person occupying subject property to vacate said property.
This sale is made subject to all validly continuing reservations, restrictions, covenants, conditions, rights of way and easements made or contained in all prior deeds in the chain of title of the real estate to be conveyed.
Said real estate will be sold subject to any taxes, assessments, and liens for taxes, if any.
The subject property is situate in Plateau District, Fayette County, West Virginia, and is listed on the land books of Fayette County to the name of Lavinder, A D as “Surface 10 Braggville”, and is shown on Assessor’s Map 8D as Parcel 10 and assigned Account No. 06199428.
THIS SALE IS SUBJECT TO THE APPROVAL AND CONFIRMATION OF THE COURT.
Erwin L. Conrad, Esq. (#8057)
SPECIAL COMMISSIONER
Conrad & Conrad, PLLC
PO Drawer 958
Fayetteville, WV 25840
Telephone: (304) 574-2800
Facsimile: (304) 574-2460
7-24-TUE-2-RH; LG 115930
ID: 115930