IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
CIVIL ACTION NO. 2:22-CV-00602
LOGAN COAL & TIMBER CORPORATION,
Plaintiff,
v.
KINZER BUSINESS REALTY, LTD.,
Defendant.
NOTICE OF SPECIAL COMMISSIONER’S SALE OF REAL ESTATE
AND ORDER OF PUBLICATION
Pursuant to a decree of the United States District for the Southern District of West Virginia, Charleston Division, made in Civil Action No. 2:22-CV-00602, the undersigned Special Commissioner, Scott A. Windom, will offer for sale at public auction to the highest bidder at the front door of the Robert C. Byrd United States Courthouse located at 300 Virginia Street East, Charleston, West Virginia, on December 5, 2023 at 10:00 a.m., the following property:
The surface, and interests in oil and gas within and underling, certain tracts or parcels of real estate situate on the waters of Grapevine Creek and Thacker Creek in Mingo County, West Virginia, and said to contain 8,895.95 acres, more or less, as more particularly set forth in the following tax assessments which descriptions are incorporated herein by reference:
PROPERTY WILL BE SOLD BY THE GROSS AND NOT BY THE ACRE.
THERE IS SPECIFICALLY EXCLUDED FROM THIS SALE AND NOT INCLUDED THEREWITH, ALL FORMATIONS AND STRATA OF COAL WITHIN AND UNDERLYING THE SURFACE OF THE SUBJECT PROPERTY.
This SURFACE and OIL AND GAS will be sold in “as is” condition and it is subject to any and all easements, rights-of-way, leases, conditions, covenants, encumbrances, and restrictions of record or in existence, and its sale shall be without warranty. The sale will be subject to the Court’s confirmation and subsequent Order confirming the sale.
TERMS OF SALE: The Special Commissioner shall first solicit bids for all property (minus coal) in the gross. The Special Commissioner will then solicit separate bids for the (1) the surface only (including timber) and, (2) the oil and gas estate only. The accepted bid(s) shall be that which maximize the gross sale proceeds. Cash in hand at the time of the sale, or 10% deposit at the time sale with balance due in thirty (30) days. The deposit shall be non-refundable except in the event of a successful challenge to the sale by another party which prevents closing and, under such circumstances, said deposit would be returned at a time established by Order of the Court. Purchaser(s) shall pay for transfer stamps and recording fees. The sale may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for the sale.
Scott A. Windom, Esq.
Special Commissioner
101 East Main Street
Harrisville, WV 26362
(304) 643-4440
BOND OF SPECIAL COMMISSIONER
KNOW YE ALL MEN BY THESE PRESENTS, that I, Scott A. Windom, Special Commissioner, am bound unto the United States District Court for the Southern District of West Virginia, in the amount of One Hundred Dollars ($100.00) and for the payment thereof I bind myself.
Witness my hand and seal this 27th day of September, 2023.
/s/ Scott A. Windom
Scott A. Windom
Special Commissioner
WHEREAS, in the matter of Logan Coal & Timber Corporation v. Kinzer Business Realty, LTD, Case No. 2:22-CV-602, now pending in the United States District Court for the Northern District of West Virginia, Charleston Division, Scott Windom, above bound, was by Order of said Court [ECF No. 18] entered August 31, 2023, appointed as Special Commissioner, and as such required to perform certain duties specified in said Order.
NOW, if the said Scott A. Windom shall faithfully discharge the duties of the office of the Special Commissioner aforesaid, and account for and pay over all monies which may come into his hands by virtue of his appointment as such Special Commissioner, and will deposit in his name as such Special Commissioner all monies received by him as such in one or more banks in Mingo County, West Virginia, and will not remove the same therefrom without an order of distribution of the presiding Judge, then the obligation to be void. Otherwise, the same shall continue in full force and effect until further Order of the Court.
Acknowledged and approved this 27th day of September, 2023.
/s/ Rory L. Perry, II
Rory L. Perry, II
Clerk of District Court