IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA
RUTHBELL LUMBER COMPANY,
a West Virginia corporation,
Plaintiff,
vs. CIVIL ACTION NO. 14-C-129
CAROLL BOLL and the Unknown Heirs
of CAROLL BOLL; DALE BOLL and the
Unknown Heirs of Dale Boll; and JAMES D. LEWIS,
Defendants.
NOTICE OF SALE
Pursuant to the authority vested in the undersigned by an Amended Order of the Circuit Court of Randolph County, West Virginia, entered on the 20th day of March, 2015, in Civil Action No. 14-C-129, entitled Ruthbell Lumber Company v. Caroll Boll, et al., the undersigned as Special Commissioners of said Court shall, on the 22nd day of May, 2015, commencing at 10:00 a.m., proceed to sell at the front door of the courthouse of Randolph County, West Virginia, in Elkins, at public auction, to the highest bidder, a tract or parcel of land situate in Middle Fork District, Randolph County, West Virginia, containing 80 acres and 100 poles, more or less, and described as follows:
Beginning at a chestnut oak in a line of Frank Haber at road, N. 118 poles to a red oak stump near the public road on corner Elizabeth Matzener, N. 55 W. 98 poles to a stake, N. 35 W. 100 poles to a stake, then S. 55 E. 160 poles to the place of beginning, containing 80 100/160 acres.
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 Randolph 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.
Peter G. Zurbuch
Heather M. Weese
SPECIAL COMMISSIONERS
CERTIFICATE AS TO BOND
KNOW ALL PERSONS BY THESE PRESENTS, that Peter G. Zurbuch and Heather M. Weese have tendered to the Clerk of the Court satisfactory evidence of their bonds and security as required by law and the Amended Order of the Circuit Court of Randolph County, West Virginia, in this case for their appointment as Special Commissioners in this matter and are hereby bound under the appointment by Circuit Court of Randolph County, West Virginia, as Special Commissioners herein, and shall faithfully discharge and perform their duties as such,
Given under my hand and seal this 16th day of April, 2015.
Philip D. Riggleman, Circuit Clerk
by: C. Howell, Deputy
5/1, 5/8, 5/15