Source: December 8, 2014 Read More →

NOTICE

010050460 November 17, 24 December 1, 8

NOTICE OF SPECIAL COMMISSIONER’S PUBLIC SALE

IN THE CIRCUIT COURT OF MONONGALIA COUNTY, WEST VIRGINIA

MORGANTOWN SNF ACQUISITION, LLC
D/B/A MAPLESHIRE NURSING AND
REHABILITATION CENTER
Plaintiff,

Case No. 14-C-593

THELMA LYNCH
Defendant,

Pursuant to that certain Order of the Circuit Court of Monongalia County, West Virginia, made and entered on October 23, 2014, in the above styled Civil Action, the undersigned will on Monday, December 15, 2014, at 10:00 a.m. at the front door of the Monongalia County Courthouse, 243 High Street, Morgantown, West Virginia, offer for sale of the highest bidder, all those certain lots or parcels of real estate with the improvements thereon and appurtenances there unto, situate in Clinton District, Monongalia County, West Virginia, and more particularly described as follows:

PARCEL ONE: Beginning at a stake in the center line of the old Morgantown-Kingwood Pike, marking corner of the Ernest O. and Mildred O. Frymer land; thence running with the center line of said old Pike, South 52° East 200 feet to a stake marking corner to Janet Lynch land; thence with said Janet Lynch boundary line, South 38° 45′ West 252.65 feet to a stake in Ray C. Dalton; thence with line of said Dalton, North 52° West 200 feet to stake in said Frymer boundary line; thence with said Frymer boundary line, North 35° 48′ East 252.65 feet, containing approximately one (1) acre of land.

And being the same parcel of land conveyed to Ray S. Lynch and Thelma L. Lynch, as Joint Tenants With Right of Survivorship, by Deed from Goldie Mae Dalton and Ray C. Dalton by Deed dated the 8th day of April, 1975, recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 759, at page 533.

PARCEL TWO: Beginning at an iron rod set on the southwest side of County Road No. 81, and being 20 feet from center of said road, also being the northwest corner of a parcel of land owned by Janet Lipscomb(Lynch); thence with a line of Janet Lipscomb (Lynch), South 40° 30′ West 35.25 feet to a ½ inch bolt and being the northeast corner of a parcel of land owned by Ray S. and Thelma Lynch, said corner being set on the center line of the Old original road bed of the Old Morgantown and Kingwood Pike; thence with said original line of road and original line of said Ray S. and Thelma Lynch, North 48° 05′ West 200 feet to an iron rod; thence North 40° 30′ East 1.50 feet to an iron rod set on the west right of way of County Road No. 81, being 20 feet from center of said road; thence with said road right of way, South 57° 42′ East 202 feet to the beginning, containing 0.085 acre, more or less, as more fully shown on a plat of survey.

And being the same parcel of real estate conveyed to Ray S. Lynch and Thelma Lynch, as Joint Tenants With Right of Survivorship, by Deed from Ray C. Dalton and Goldie May Dalton, dated the 23rd day of January, 1986, recorded in the aforesaid Clerk’s office in Deed Book No. 937, at page 174.

Ray S. Lynch departed this life the 13th day of February, 2014.

The real estate which is the subject of the herein above styled action is described and listed for taxation purposes upon the Land Books of Clinton Tax District, Monongalia County, West Virginia for the year 2014 as follows:

Lynch, Ray S. & Thelma L.
Map 15 Parcel 6
1 Ac Sur

And

Lynch, Ray S. & Thelma L.
Map 15 Parcel 6.0001
0.085 Ac

This sale is made pursuant to that certain Order entered into on the 23rd day of October, 2014, directing the undersigned, David L. Cavender, as Special Commissioner, to sell at Public Sale based on that certain Judgment against Thelma Lynch in favor of Morgantown SNF Acquisitions, LLC, d.b.a. Mapleshire Nursing and Rehabilitation Center, dated the 9th day of June, 2014, in the amount of $66,205.53, plus 7{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} interest from June 5, 2014, and court costs of $220.00; recorded in the aforesaid Clerk’s office in Judgement Book No. 60, at page 859.

The subject real estate shall be granted and conveyed by the undersigned Special Commissioner "as is", with all defects and faults, with no covenants or warranty of title, subject to any and all exceptions, out conveyances, reservations, covenants, restrictions, agreements, land use regulations, assessments, including outstanding real estate taxes, charges, conditions, rights of way, easements, mineral severance, and limitations of use as have been imposed upon such property by the Defendant, or her predecessors in title; subject to any and all matters which a visual inspection and accurate survey of such property might reveal; and further subject to any rights of parties in possession.

The undersigned Special Commission may postpone, continue to adjourn the sale of such properties by public announcement at the time and place designated for such sale or at any continuous or adjournment thereof.

Terms of Sale: at the conclusion of the sale, the successful bidder will be required to tender a deposit of ten (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) per cent of the sale price by cash, certified check or cashier’s check at sale, with the balance in cash or by certified check due and payable by the end of the day of sale, by tendering the same to David L. Cavender, 328 High Street, Morgantown, West Virginia, If purchaser fails to deliver the total purchase price within the prescribed time, the deposit will be deemed forfeited and the Special Commissioner may proceed to resell the property pursuant to this Notice, or at the discretion of the Special Commissioner, convey the property to the next highest bidder if such bidder will honor his/her bid.

The successful purchase shall pay all excise taxes and recording fees connected and associated with the sale or such property.

The undersigned Special Commissioner hereby reserves the right to reject any bid or bids which the undersigned Special Commissioner deems inadequate.

Enquires should be directed to:

David L. Cavender
Attorney at Law
328 High Street
Morgantown, WV 26505
304-292-6125
Dated: November 14, 2014.

David L. Cavender
Special Commissioner