NOTICE OF SPECIAL COMMISSIONER’S JUDICIAL SALE OF VALUABLE REAL ESTATE

Notice is hereby given that the undersigned, MORGAN SPOLARICH, SPECIAL COMMISSIONER, by virtue of that certain Order entered the 8th day of June, 2023, in that certain Civil Action now pending before the Circuit Court of Raleigh County, West Virginia, styled, Club Circle Villas Property Owners Maintenance Association, Plaintiff, v The Michael M. Vlahos Revocable Trust, Trustee, Auditor, Defendants, Civil Action No. 2022-C-374, the said Court having directed the Special Commissioner to make sale of the real estate that is the subject of said Civil Action, the undersigned Special Commissioner will offer for sale and sell at public auction to the highest bidder on the 6th day of February, 2024 at 10:00 a.m., at the front door of the Raleigh County Courthouse in the Town of Beckley, Raleigh County, West Virginia, the real estate or premises that is the subject of said Civil Action being and consisting of the following located in Shady Spring District:

A condominium apartment unit situate in Multi-Unit Area is shown on a map entitled “Glade Springs Land Company, Daniels, West Virginia, Map for Phase One of Development”, made by James E. Cook, R.P.E., dated July 3, 1972, revised November 1 1973, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map Book 12, Page 98, which said condominium apartment unit is more particularly described as follows:

All of Apartment Unit No. 137 of the Club Circle Villas Condominium as the same is shown on Declaration Plan entitled “Declaration Plan for Club Circle Villas Condominium of Multi Unit Area Consisting of 6.061 acres, Glade Springs, Shady Spring District, Raleigh County, West Virginia”, made by James E. Cook, R.P.E., dated October and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Map File 188-B, and which Declaration Plan was revised February 6, 1982, and is of record in the aforesaid county Clerk’s Office in Map File 2-208B.

Together with a 1/16th undivided interest as tenant in common in and to the common elements which are assigned to the said Apartment Unit No. 137 and described in Declaration of Condominium of club Circle Villas Condominium, a Multi-Unit Area consisting of Four Phases, Glade Springs, Daniels, Shady Spring District, Raleigh County, West Virginia, pursuant to Chapter 36B of the Code of West Virginia of 1931, as amended, (also known as the Uniform Condominium Act), which said Declaration is dated October and is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, In Deed Book 655, at Page 581, as amended by instruments dated as follows: May 18, 1982, of record In the aforesaid County Clerk’s Office in Deed Book 658, page 99; August 25, 1982, of record in the aforesaid County Clerk’s Office in Deed Book 659, page 160; August 25, 1982, of record In the aforesaid County Ckerk’s Office in Deed Book 659, page 163; August 25, 1982, of record in the aforesaid County Clerk’s Office in Deed Book 663, page 13 (hereinafter collectively called ‘Declaration’).

There is also conveyed to the party of the second part the following appurtenant easements:

Non-exclusive easement for encroachments on the common area or upon the other apartment units, for the portions of the building constituting said apartment units, for the portions of the building constituting said apartment unit herein conveyed, resulting from settling or any cause, other than the willful act of the party of the second party, their heirs or assigns.

This conveyance is made subject, however, to the following reservations:

Easements and other matters set forth in the Declaration.
The Articles of Incorporation of Club Circle Villas Property Owners Maintenance Association, Inc., dated October 26,1981, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, In Deed Book 655, at Page 643, end by the By-Laws of Club Circle Villas Property Owners Maintenance Association, Inc., dated October 27, 1981, and of record in the aforesaid County Clerk’s Office in Deed Book 655, page 620.
The Declaration of Restrictions for Phase 1 of Glade Springs, a Development of Glade Springs Land Company, in Raleigh County, West Virginia, dated August 25, 1971, and of record in said Clerk’s office in Deed Book 517, at page 79, as amended by instruments dated February 14, 1974, May 25, 1974, August20, 1976, March 5, 1981 and March 30, 1981, all of which are of record in the aforesaid County Clerk’s Office (hereinafter called “Restrictions”).

Reference is here made to said map, deed, Declaration Plan, Declaration, Articles of Incorporation and By-Laws of Club Circle Villas Property Owners Maintenance Association, Inc. for a further description of the property and interest herein conveyed.

AND BEING the same property the Michael M. Vlahos Trust acquired from Michael M. Vlahos, by Tasha Marie Vlahos, His Attorney in Fact by deed dated March 14, 2014 and recorded in the aforesaid Clerk’s Office in Deed Book 5054 at page 6393.

The sale is subject to and conditioned upon confirmation by the Circuit Court of Raleigh County.

Title shall be conveyed by the Special Commissioners with covenants of special warranty. The property taxes will be paid through the 2023 tax year. All taxes thereafter assessed against the said property shall be paid by the Purchaser. The aforesaid sale may be adjourned from time to time as the undersigned Special Commissioner deems advisable, which adjournment may be made by oral proclamation at the time and place of the sale or any adjournment thereof. The subject property will be sold in AS IS condition. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.

TERMS OF SALE: 10% cash in hand on day of sale, balance due at closing which shall occur within 30 days of confirmation of the sale by the Circuit Court of Raleigh County. In the event that the Purchaser fails to consummate the transaction, the 10% down shall be forfeited.

Any interested parties may contact Morgan Spolarich, Esq., at 106 S. Heber Street, Beckley, West Virginia, 25801; (304) 923-9504.

Given under my hand this the 2nd day of January 2024.

/s/Morgan Spolarich
MORGAN SPOLARICH,
SPECIAL COMMISSIONER

E-FILED | 1/2/2024 9:59 AM
CC-41-2022-C-374
Raleigh County Circuit Clerk
Robert M. McComas

ID: 765889