Legal Notices

CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 03-C-1975 Judge Louis H. Bloom LAWRENCE E. HAYNES, Plaintiff, v. CARROLL BOGGESS, INC., A WEST VIRGINIA CORPORATION AND T. CARROLL BOGGESS, INDIVIDUALLY. Defendants. NOTICE OF JUDICIAL SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN that pursuant to West Virginia Code 38-3-13 and pursuant to Order dated March 9, 2022 in the above-styled case, the undersigned, Kenneth E. Price, having been appointed Special Commissioner by Order dated July 7, 2021 in the above-styled case, on the 28th day of October, 2022, at 10:00 a.m., will offer for sale and sell at public auction at the Virginia Street door of the Courthouse of Kanawha County, West Virginia, to the highest bidder therefor, the following described property: The SURFACE ONLY of all that certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the waters of Howard’s Fork, Union District, Kanawha County, West Virginia, and being more particularly bounded and described as follows, to-wit: BEGINNING at a stake on the south side of the Charleston-Point Pleasant Turnpike on the division line between Virginia E. Mariani and Tobias Mariani Estate and McCown’s land; thence running with said division line S. 16DEGREES 03′ W. 2460.0 feet to a pile of rocks in the back line; thence running N. 86DEGREES 05′ W. 423.9 feet to an iron pin on top of point ridge; thence running with said ridge, N. 16DEGREES 14′ E. 520.6 feet to a stake on top of rocky point; thence running N. 13DEGREES E. 277.2 feet to a stake and pointers; thence running N. 4DEGREES 12′ W. 1692 feet to an iron pin at the south side of the Turnpike; thence running with same, N. 89DEGREES 20′ E. 418.3 feet to a cement marker; thence running S. 86DEGREES 56′ E. 157.6 feet to stake; thence S. 80DEGREES 38′ E. 173.7 feet to a stake; thence S. 73DEGREES 09′ E. 180 feet to a cement marker; thence S. 69DEGREES 20′ E. 104 feet to the beginning; containing 41.77 acres, more or less; and being Tract 3 of Map 2 of the Virginia E. Mariani and Tobias Mariani Estate, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia. There is excepted from the above-described property that certain tract or parcel of land containing 1.50 acres, more or less, heretofore conveyed by C. W. Simon, Jr. and Marilyn Simon, his wife, to Lawson L. Pugh and Carol A. Pugh, his wife, by deed dated May 12, 1970, and of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1589, at page 611. Being the same property conveyed unto Thaddeous Carroll Boggess, by C. W. Simon, Jr. and Marilyn Simon, his wife, by deed dated June 4, 1971, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 1622, at page 728. The foregoing real property has a street address of 4807 West Washington Street, Charleston, West Virginia 25313. (Alternately known as 4785 Washington Street West, 4801 Washington Street West, 4803 Washington Street West, and 4805 Washington Street West). The sale of the foregoing real property will be made subject to final approval of the Court. The sale of the foregoing real property will be made by deed without warranty, and will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, and any and all unpaid real property taxes assessed against said property. The sale of the foregoing real property will also be made expressly subject to any and all other deeds of trusts, judgments, liens, and all other encumbrances of record, if any, having priority over the judgment rendered in the above-styled case. The sale is further subject to the right of the United States to exercise the right of redemption for any federal tax liens, pursuant to applicable law. The foregoing real property shall be sold in an “as is” condition. The Special Commissioner shall make no representation or warranty as to the physical condition of the foregoing real property or as to fitness as to a particular purpose. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the property to vacate said property. Any personal property and r belongings remaining on the property after the judicial sale will be deemed to constitute abandoned property and may be disposed of accordingly. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Special Commissioner reserves the right to reject any or all bids. TERMS OF SALE: A non-refundable deposit equal to ten percent (10%) of the purchase price in cash or by cashiers check shall be due on the day of sale, with balance due in cash or cashiers check within thirty (30) days of sale date; purchaser shall pay for transfer stamps and recording fees. Additional terms of sale may be announced prior to the sale. Dated this 22nd day of September, 2022. Kenneth E. Price, Special Commissioner 815 Quarrier Street, Suite 346 Charleston, WV 25301 (304) 720-3691 IN THE CIRCUIT COURT FOR KANAWHA COUNTY, WEST VIRGINIA Civil Action No. 03-C-1975 Judge Louis H. Bloom LAWRENCE E. HAYNES, Plaintiff, v. CARROLL BOGGESS, INC., A WEST VIRGINIA CORPORATION AND T. CARROLL BOGGESS, INDIVIDUALLY. Defendants. CERTIFICATE OF COMMISSIONER’S BOND Pursuant to the provisions of Chapter 55 Article 12 Section 3 of the Official Code of West Virginia, the undesigned Clerk of the Circuit Court of Kanawha County, West Virginia certifies that Kenneth E. Price, as Special Commissioner, appointed by order of the Circuit Court of Kanawha County, West Virginia in Civil Action No. 03-C-1975 has given bond with approved surety in the amount of One Hundred Sixty-Four Thousand Three Hundred and 001/800 Dollars ($164,300.00), as provided by Order of the Court entered July 26, 2022. Executed and Entered by the Clerk of the Circuit Court of Kanawha County, West Virginia the 16th day of September, 2022. Cathy S. Gatson, Clerk CLERK OF