NOTICE OF SPECIAL COMMISSIONER SALE OF VALUABLE REAL ESTATE The undersigned Special Commissioner, by virtue of the authority vested in him by that certain Order Granting Default Judgement entered February 9, 2022 by the Circuit Court of Kanawha, West Virginia, that certain Order Granting Motion for Approval of Foreclosure of Real Estate entered on May 30, 2023, by the Circuit Court of Kanawha, West Virginia, and that certain Supplemental Order on Foreclosure of Real Estate entered on July 13, 2023, by the Circuit Court of Kanawha County, and pursuant to the authority set forth in West Virginia law, will offer for sale at public auction to the highest bidder at the front door (Virginia St. E.) of the Courthouse of the County of Kanawha, in Charleston, West Virginia, on September 7, 2023, at 10:00 a.m., the following described lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging: All of that certain real property, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston East Tax District, Kanawha County, West Virginia, and being a part of Lot No. Three (3) of the Winkler Partition, and being more particularly bounded and described as follows: Beginning at an iron pin in the northerly right-of-way line of Kanawha Boulevard (Kanawha Street), marking the common corner between property presently or formerly owned by the Trustees of the Living Word Christian Center and the property herein conveyed; thence, with the common division line of said two parcels of land, N. 44 deg. 46′ E., a distance of 210.7 feet to an iron pin; thence, with the common division line of the property herein conveyed and property presently or formerly owned by John T. Atkins (having been conveyed to said John T. Atkins and wife by the said Corbett C. Mullins and Alice A. Mullins, by deed dated December 3, 1979, of record in said Clerk’s office in Deed Book 1929, at page 8), a distance of 50 feet, more or less, to the common boundary line of the Stuart W. Thayer property; thence, with said common line, S. 43 deg. 35′ W., a distance of 201.5 feet to the right-of-way line of Kanawha Boulevard; thence with said right-of-way line in a westerly direction, 50 feet to the place of beginning. Further GRANTED and CONVEYED all that certain parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the City of Charleston, Charleston East Tax District, Kanawha County, West Virginia, and which is used as a private drive, adjoining on the westerly side of the property, a parcel 12 feet in width and extending in a southerly direction from Virginia Street toward Kanawha Boulevard, and which said parcel is subject to an easement thereover for ingress and egress to and from the land now or formerly owned by the Trustees of the Living Word Christian Center, and as well as to such rights thereover as may be vested in the owners presently and from time to time of the Slack property adjoining said parcel on the westerly side thereof, and subject as well to an easement for a sewer which serves the parcel of land now or formerly owned by the Trustees of the Living Word Christian Center, and as well the premises owned by Lewis R. Elias, on which is situate the IBM Building, which sewer easement extends the length of the said parcel of land to Virginia Street, which parcel is more particularly bounded and described as follows: Beginning at an iron pin in the northeasterly corner of a parcel fronting 62.3 feet on Kanawha Boulevard, now or formerly owned by the Trustees of The Living Word Christian Center; thence, with the northerly line of said parcel, N. 43 deg. 41′ W. 12 feet to a stake; thence, leaving said line and running in a northeasterly direction toward Virginia Street, N. 44 deg. 46′ E. 150 feet, more or less to an iron pin in the southerly line of Virginia Street in a southeasterly direction 12 feet to a stake in said line; thence, leaving Virginia Street and running S. 44 deg. 46′ W. 149 feet, more or less, to the place of beginning. AND BEING the same property conveyed unto Capitol Radiotelephone Co., Inc., a West Virginia corporation, by deed from J.T. Atkins and Rosalie Atkins, his wife, dated October 18, 1989, and recorded in the Office of the County Clerk of Kanawha County, West Virginia, in Deed Book 2235, at page 679. TERMS OF SALE 1. Cash in hand paid on day of sale. 2. The sale is subject to any and all applicable assessments and taxes against the real property. 3. The purchaser shall pay the excise transfer tax imposed by W.Va. Code 11-22-2. 4. The Special Commissioner reserves the right to adjourn the sale for a time or from time to time without further notice by announcement the time and place of the sale described above for any adjournment thereof. 5. The real property will be sold in “as is” condition. The Special Commissioner will have no duty to cause any tenant or person occupying the real property to vacate. 6. The real property will be conveyed free and clear of liens and encumbrances that are junior to the lien in favor of the West Virginia Board of Public Works that arises under W. Va. Code 11-6-23. 7. The Special Commissioner will deliver a Special Commissioner’s deed to the purchaser without any covenant or warranty (express or implied). 8. The Special Commissioner makes no representations and warranties about the title of the real estate to be conveyed. 9. If there is one or more valid and enforceable federal tax liens against the real property, the United States will have the right to redeem the real property within a period of 120 days from the date of the sale or the period allowed for redemption under state law, whichever is longer. Given under my hand this 24th day of July, 2023. John R. Bsharah, as Special Commissioner 300 Summers St., Ste. 700 Charleston, WV 25301 LC-156785 07-25 8-01,08;2023
