IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
Civil Action No.: 19-C-184
BRIAN DENNLER,
an individual,
Plaintiff,
v.
KENNETH EDWARD DENNLER, individually, KENNETH EDWARD DENNLER, Executor, of the Estate of Freddie Lee Dennler, KENNETH EDWARD DENNLER, Manager, of Dennler’s Fencing, LLC, DENNLER’S FENCING, LLC, a West Virginia Limited Liability Company and TIMOTHY DENNLER, an individual.
Defendants.
NOTICE OF SPECIAL
COMMISSIONER’S SALE
Notice is hereby given that the Special Commissioner will sell the real property situate on 1005 Burke Avenue in the City of Oak Hill, County of Fayette, West Virginia by sale on the Courthouse steps at the Fayette County Courthouse, Fayetteville, West Virginia, on May 18,
2023, at I :30 p.m., which property is more particularly described as follows, to wit:
PARCEL ONE: A portion of Lot No. 22 in Section 5 of Lilly Court Addition to said City of Oak Hill, which said portion of Lot NO. 22 hereby conveyed fronts 40 feet on Burke Street and extends back therefrom between parallel lines a distance of 74 feet.
PARCEL TWO: Lot No. 23 of Section 5, (erroneously described as “Lot No. 23 of Section 3” in Deed Book 531, at page 164), of the Lilly Court Addition to the said City of Oak Hill, West Virginia.
And being the same tracts or parcels of real estate conveyed to Kenneth Edward Dennler, Timothy Wayne Dennler, and Bryan Scott Dennler, in equal shares, share and share alike, by Transfer on Death Deed of Freddie L. Dennler, dated the 27th day of July, 2017, of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia in Deed Book
753, at page 629; the said Lewanna Dennler having died on August 2, 2000 and said Freddie Lee Dennler died on December 27, 2017.
The above-described real estate will be conveyed by the undersigned Special Commissioner to the purchaser thereof by deed containing a covenant of SPECIAL WARRANTY and subject to all liens, reservations and exceptions appearing in the record title and without survey.
TERMS OF SALE: Ten percent (10%) cash in hand day of sale and balance upon delivery of deed. Sale subject to any and all real property taxes or assessments due or to become due, all subdivision and zoning restrictions, matters of survey, conveyance with environmental regulations rights of tenants in possession, if any, and all other pertinent liens, easements, restrictions, and reservations of record. The property is sold in an “as is” condition.
The purchaser shall pay the excise tax on the transfer of real estate. Any personal property remaining on the premises at the time of the sale shall be considered abandoned. The undersigned Special Commissioner reserves the right to reject any and all bids to continue the sale by announcement on the date of the sale and the right to announce conditions upon the sale, which announced conditions, if any, shall be in addition to or take priority over any conditions set forth herein.
CONTINUANCE OR ADJOURNMENT OF SALE: The Special Commissioner reserves the right to continue the sale, or to adjourn the sale, for a time, or from time to time, without further notice and announcement at the time and place of sale, as hereinabove set forth, or any continuance or adjournment thereof.
DATED THIS THE 7th DAY OF APRIL, 2023.
Paul O. Clay, Jr. (WVSB #742)
Special Commissioner
204-A West Maple Avenue
P.O. Box 746
Fayetteville, West Virginia 25840
304-574-2182