NOTICE OF PARTITION SALE BY SPECIAL COMMISSIONER

NOTICE OF PARTITION SALE BY SPECIAL COMMISSIONER Pursuant to an Order of the Circuit Court of Raleigh County, West Virginia, entered on the 31st day of May, 2016, in the case of Delores M. Cawley v. Mark Zeller, et al, Civil Action Number 15-C-383-K, the undersigned special commissioner will offer for sale at public auction unto the highest responsible bidder, on the 18th day of July, 2016 at 10:00 a.m. at the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, all right, title and interest free and clear of any liens and encumbrances, that certain real estate together with the improvements thereon, and the easements and appurtenances thereunto belonging, situate, lying and being in the City of Beckley, Raleigh County, West Virginia, and being described as Lot No. 29, Section 12, Lilly Land Company’s Addition. And being the same property conveyed unto James Zeller and Delores Zeller, husband and wife, by deed from Jennifer Tieche, Kimberly Skaff and Jonathan Hartsog, dated January 9, 2004, and of record in the office of the Clerk of the County Commission of Raleigh County, West Virginia, in Book 5011, page 8913. This sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens or encumbrances affecting title to the property and further to any state of facts that would be disclosed by or apparent upon and inspection or an accurate survey of the property described above; provided, however; the any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 USC c 3604(c). The sale shall further be made subject to any accrued and unpaid ad valorem real property taxes upon the property. The special commissioner makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. The subject property will be sold in “AS IS” condition, and the special commissioner makes no representations or warranties of any kind or character concerning the condition of the real estate to be conveyed. Property sold by boundary, not by acreage or area. TERMS OF SALE: 1. The sale is subject to confirmation by the Circuit Court of Raleigh County, West Virginia. 2. Deed will be by special warranty. 3. A nonrefundable deposit equal to ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price is payable on the day of the sale, by certified or cashier’s check or other immediately available funds. The balance of the purchase price is to be paid at closing, within thirty (30) days after the date of the sale. 4. Said tract will be offered by the commissioner to bring the highest bid. 5. The land will be available for inspection prior to the sale by appointment. For questions or further information, contact Pat C. Fragile at (304) 253-1000. Dated this 13th day of June, 2016. Pat C. Fragile FRAGILE LAW FIRM 412 South Kanawha Street Beckley, WV 25801 (304) 253-1000 I, Paul Flanagan, Clerk of the Circuit Court of Raleigh County, West Virginia, do hereby certify that the above named Pat C. Fragile, Special Commissioner, required no bond by said order of the Circuit Court. By: Paul H. Flanagan Clerk 6-28-TUE-2-RH; 4192