NOTICE OF PARTITION SALE
BY SPECIAL COMMISSIONERS
Pursuant to an order of the Circuit Court of Greenbrier County, West Virginia, entered on the 12th day of September 2014, and by a prior order entered on the 7th day of January 2013 of the Circuit Court of Greenbrier County, West Virginia in the case of Michael Luke Hudak, III v. Marianne Hudak Dunn, Civil Action Number 09-C-270, the undersigned Special Com-missioners will offer for sale at public auction unto the highest responsible bidder, on the 26th day of March 2015, at 10:00 AM, at 200 North Court Street, Lewisburg, 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 Blue Sulphur District, Greenbrier County, West Virginia, and being more particularly described as follows:
LOT NO. 55 of Mountain View Farms, consisting of 42.68 acres, more or less, as is more fully shown on that certain plat prepared by L and W Enterprises, Inc., dated the 12th day of November 1992, and of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Map Book 4, at page A-64.
And being the same property conveyed unto MICHAEL L. HUDAK. III and MARIANNE HUDAK, husband and wife, by deed from EDWARD L. SEITZ, JR. and ANN HAIGHT SEITZ, husband and wife, dated July 21, 2000, and of record in the office of the Clerk of the County Commission of Greenbrier County, West Virginia, in Deed Book 463, at Page 904.
The 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 an inspection or an accurate survey of the property described above; provided, however, that 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 § 3604(c). The sale shall further be made subject to any accrued and unpaid ad valorem real property taxes upon the property. The special commissioners make 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 commissioners make 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 Greenbrier 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 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 Aaron C. Ambler at 304-645-6000 or James W. Keenan at 304-574-2072.
Dated this 2nd of March 2015.
Aaron C. Ambler, WVBN 7954
Ambler & Dotson, LC
113 North Jefferson St.
Lewisburg, WV 24901
(304) 645-6000
James W. Keenan, WVBN 1985
Keenan & Associates
P.O. Box 614
Fayetteville, WV 25840
(304) 574-2072
I, Louvonne Arbuckle, Clerk of the Circuit Court of Greenbrier County, West Virginia, do hereby certify that the above named Aaron C. Ambler and James W. Keenan, Special Com-missioners, have given bond as required by the said order of the Circuit Court, with security approved by me.
Louvonne Arbuckle, Clerk
(13,18,25mr)
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