IN THE CIRCUIT COURT
OF FAYETTE COUNTY,
WEST VIRGINIA
JUDITH HSU,
Plaintiff,
v.
DAVID C. O’DELL, his heirs and assigns
Defendant.
CIVIL ACTION NO. 23-C-8(B)
NOTICE OF SALE
AT PUBLIC AUCTION
Please take notice that by virtue of an order of the Circuit Court of Fayette County, West Virginia entered on June 7, 2023 and by virtue of the authority vested in the undersigned Special Commissioner by said order, the undersigned Special Commissioner will on August 15, 2023 at 1:00 p.m. sell to the highest bidder at Public Auction at the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia, described tract or parcel of surface land, together with improvements thereon, appurtenances thereunto belonging, rights incidental thereto, situate in Plateau District, Fayette County, West Virginia, on the waters of Meadow Fork, containing 25 acres, more or less, and being more particularly bounded and described as follows:
At a stake on the original Huddleston line, and in the middle of the public road leading from Sanger Post Office to Oak Hill which is now being opened and completed under order of Court, it being the corner of the J.F. Wykle tract of land, thence S 77o30′ W to two sourwoods (poplar pointer) by branch on the original Huddleston line, thence S 19o40′ W 720 feet to a white oak and fallen birch by a branch, thence S 51o E 640 feet to a chestnut at corner of fence (formerly a corner to Hurt on Huddleston line), thence with the Huddleston division line N 60o 40′ E to a stake in the middle of the said public road leading from Sanger Post Office to Oak Hill, and being a corner of the J.F. Wykle tract, thence with said road int eh middle of said road to the beginning, containing ,more or less; but it expressly agreed and understood between the parties hereto that this is a sale in gross, and not by the acre; but there is expressly reserved from the operation of this conveyance a right of way, now under fence, leading from the said public road to a shaft belonging to the Harvey Coal & Coke Company, a corporation, the said right of way so reserved being for the benefit of the said corporation
The above described real estate will be sold by the undersigned Special Commissioner by auction to the highest bidder.
Terms of the sale are cash or certified funds in hand from the highest bidder at the time of sale or by 5:00 p.m. on the day of sale at the office of the Special Commissioner, Philip J. Tissue, 303 Jones Avenue, Oak Hill, West Virginia.
The undersigned Special Commissioner reserves the right to continue such sale or to reschedule the same by posting on the front door of said courthouse a notice of such continuance and new date and time and posting an additional notice thereof in the hallway of the Fayette County Courthouse.
Said real estate will be sold “As Is” without any warranty by said Special Commissioner as to the title to this property and without any warranty as to the mechanical, electrical, plumbing and structural components of the premises and without any warranties or representations as to the contamination or lack of contamination to the surface, substrata, or the premises of hazardous substances and/or petroleum and related by-products, hydrocarbons, radon, asbestos, urea formaldehyde and polychlorinated biphenyl compounds.
The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
This sale is made and accepted 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 to the real estate herein conveyed.
Said real estate will be sold subject to any and all 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 in said district as follows: Map 30, Parcel 38, physical address: 1792 Greentown Loop Road, Oak Hill, West Virginia.
THIS SALE IS SUBJECT TO THE APPROVAL AND CONFIRMATION OF THE COURT
Directions to such real estate and information relating thereto may be obtained by contacting the Special Commissioner at (304) 469-4431.
CLERK’S CERTIFICATE
Phillip J. Tissue (WV Bar ID #3769)
SPECIAL COMMISSIONER
303 Jones Ave.
Oak Hill, WV 25901
(304) 469-4431
CLERK’S CERTIFICATE
I, Travis W. Prince, Clerk of the Circuit Court of Fayette County, West Virginia, hereby do certify that bond has been waived by Order of the Court.
Given under my hand, this 30 day of June, 2023.
Travis W. Prince
Circuit Clerk of Fayette County, West Virginia