NOTICE OF COMMISSION SALE
NOTICE IS HEREBY GIVEN that in accordance with West Virginia Code § 7-3-3, the Hampshire County Commission, by and through its President Brian Brill will offer for sale and sell at public auction:
MONDAY, the 27th DAY OF APRIL, 2026, at 11:00 A.M. ET, in front of the Historic Hampshire County Courthouse, 19 E. Main Street, Romney, West Virginia 26757, Romney, West Virginia, to the highest bidder therefor, all of the following described realty, together with its improvements and appurtenances, situate, lying and being in Gore District, Hampshire County, West Virginia, and more particularly described as follows:
All that certain tract or parcel of land situate in Gore District, Hampshire County, West Virginia, approximately 3.0 miles east of the city of Romney, on the north side of U.S. Route 50 and on the south side of Sunrise Boulevard, a 60 foot wide street of Sunrise Summit Subdivision and is bounded by the land of Ralph Haines (Deed Book 166, page 163) on the east, the land of Afton R. Malick and Georgia P. Malick, his wife, and Adrian L. Malick (Deed Book 207, page 134) on the south and west, the lands of Sunrise Boulevard, a 60 foot wide street, on the north and is more particularly described as follows:
BEGINNING at a No. 5 reinforcing rod found on the southern right of way line of Sunrise Boulevard and being a common corner to Ralph Haines;
Thence along a line of Ralph Haines SOUTH 25 DEGREES, 13 MINUTES, 36 SECONDS WEST 761.48 FEET to a No. 5 reinforcing rod set, a new property corner;
Thence crossing Malick by new division line NORTH 64 DEGREES, 53 MINUTES, 49 SECONDS WEST 349.67 FEET to a No. 5 reinforcing rod set, a new property corner and a found No. 5 reinforcing rod is NORTH 64 DEGREES, 53 MINUTES, 49 SECONDS WEST 244.51 FEET from set reinforcing rod;
Thence crossing Malick by new division line NORTH 25 DEGREES, 13 MINUTES, 36 SECONDS EAST 484.26 FEET to a No. 5 reinforcing rod set on the southern right of way line of Sunrise Boulevard, a new property corner;
Thence along the southern limits of Sunrise Boulevard NORTH 76 DEGREES, 44 MINUTES, 35 SECONDS EAST 446.70 FEET to the BEGINNING containing 5.000 ACRES more or less as surveyed by Stultz and Associates, Inc., Romney, West Virginia, Charles W.W. Stultz, Professional Engineer in July, 1991 and is shown on a plat recorded as part of a deed in the office of the Clerk of the County Commission of Hampshire County, West Virginia in Deed Book No. 332, at page 323.
The sale of the foregoing real property 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, subject to all matters disclosed by an examination and inspection of the property, subject to any and all unpaid taxes assessed against said property, a certain Lease Agreement dated December 20, 2011, by and between the County (as landlord) and Romney Health Care Center Limited Partnership (as tenant) (the “Lease”).and to any further matters announced at said sale.
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 Successor Trustee reserves the right to reject any or all bids.
1. TERMS OF SALE: SELLER; AUTHORITY; GOVERNING PROCEDURE:
1.1. Seller is the Hampshire County Commission (the “County”).
1.2. The County will sell the Property at public auction, subject to these Terms, the published legal notice(s), and final Commission approval of the form of deed, covenants, and closing documents.
2. PROPERTY TO BE SOLD:
2.1. The real property commonly known as the Hampshire Center located at 260 Sunrise Blvd., Romney, West Virginia 26757, together with all buildings, structures, and improvements owned by the County (the “Property”).
2.2. The conveyance includes the County’s landlord interest in the Lease (defined below) and the Lease-Related Rights (defined below), as set forth in Section 8.
2.3. The sale excludes personal property owned by the tenant under the Lease (if any), and any County personal property not intended to convey, as identified in the auction package.
3. AUCTION DATE, PLACE, MANNER; RESERVE PRICE; SELLER RIGHTS:
3.1. Auction Date/Time/Location: As set forth above
3.2. Reserve Price: $11,700,000.00. The County reserves the right to reject any and all bids.
4. INSPECTION AND INFORMATION ACCESS:
4.1. Pre-auction access: prospective bidders may, by appointment and subject to Tenant operations and resident care/privacy requirements, conduct reasonable inspections and review the County’s auction package during the period beginning on first publication of the legal notice and ending at 5:00 p.m. on the business day immediately preceding the auction.
5. BIDDER REGISTRATION; PROOF OF FUNDS:
5.1. Bidders must register per the County’s instructions and provide identifying information and proof of authority to bid.
5.2. The County may require reasonable proof of funds and/or a bidder’s certification that it has the financial ability to close.
5.3. The successful bidder shall execute a Purchase and Sale Agreement at the conclusion of the auction acknowledging these Terms.
6. EARNEST MONEY DEPOSIT; SPLIT REFUNDABILITY; APPLICATION:
6.1. Amount: $600,000.00 (the “Earnest Money Deposit” or “EMD”).
6.2. Timing/Method: the EMD shall be delivered by wire transfer or other immediately available funds as required by the auctioneer’s written instructions, no later than [4:00 p.m.] on the auction date (or such shorter period stated at the auction). The EMD shall be non-refundable to Purchaser unless the County defaults
6.3. Credited to Purchase Price: the EMD shall be credited against the Purchase Price at Closing.
7. PURCHASE PRICE; BALANCE DUE; CLOSING DEADLINE:
7.1. Purchase Price is the high bid accepted by the County (the “Purchase Price”).
7.2. Balance Due at Closing: Purchase Price minus the EMD subject to prorations.
7.3. Closing Deadline: Closing shall occur within thirty (30) calendar days after the date of the Purchase and Sale Agreement.
7.4. Failure to Close after Due Diligence: if Purchaser fails to close by the Closing Deadline (as extended, if applicable) for any reason other than County default, the County may retain the entire EMD as liquidated damages and not as a penalty, and may pursue any other remedies available at law or equity.
8. SALE AS-IS:
8.1. The Property is sold AS-IS, WHERE-IS, WITH ALL FAULTS.
8.2. The County disclaims all warranties, express or implied, including merchantability, habitability, fitness for a particular purpose, environmental condition, compliance with laws, and condition of improvements.
Dated this 10th day of March, 2026.
HAMPSHIRE COUNTY COMMISSION
Eric Strite, Clerk
4-8-3c
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