NOTICE OF SALE OF REAL ESTATE

IN THE CIRCUIT COURT OF FAYETTE COUNTY, WEST VIRGINIA CIVIL ACTION NO. 15-C-29-H SHELIA ANN RIDER Being the same person as SHELIA ANN SHUMATE, PLAINTIFF, VS. HOWARD T. RIDER, ROBERT W. RIDER and TED H. RIDER, JR. DEFENDANTS. NOTICE OF SALE OF REAL ESTATE Pursuant to the Order of Partition Sale of the Honorable John W. Hatcher, Jr., Judge of the Circuit Court of Fayette County, West Virginia, entered on October 29, 2015, the undersigned Special Commissioner, James C. Blankenship, III, shall sell at public auction at the front door of the Fayette County Courthouse located in the Town of Fayetteville, Fayette County, West Virginia, on December 10, 2015 at 10:00 o’clock a.m., the following described tracts or parcels of real estate situate in New Haven District, Fayette County, West Virginia to-wit: Tract No. 1: Beginning with a red oak, corner to church lot, and running with the Rader Ford Road at S 86 1/2 E 9 poles S 62 1/2 E 6 poles S 50 1/2 E 18 poles to a small white oak by the side of said road S 61 E 55 poles to a small chestnut oak on Armstrong’s line S 56 W 7 3/4 poles to a white oak corner to same, S 16 1/2 W 25 1/2 poles to a gum on a point, S 54 W 14 poles to a large birch on branch N 66 W 60 poles to a beech, N 76 W 42 poles to a double pin oak by road, following road N 61 E 32 poles, N 35 1/2 E 8 1/2 poles to a maple by the road; S 82 1/2 E 36 poles to a large white oak near a fence; thence, N 34 E with and crossing said road to the place of beginning, containing 28 acres and 65 poles, with all appurtenances thereto belonging, with the exception of a strip of land 30 feet in width on one side of the center of the Corliss Road as recently located by the State road Commission of West Virginia, the same having been conveyed to said State Road Commission for road purposes. There is, however, excepted and reserved from this tract of land the following tract of real estate which was conveyed unto Robert W. Rider and Melinda Rider by Deed of Mary Elizabeth Rider and Ted H. Rider, her husband, dated March 6, 1976, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 341 at Page 589: Beginning at an iron pin, corner to the Mary Elizabeth Rider tract, running with the Rader Ford Road at S-61 f00′ E 674.50 feet to a small chestnut on the Armstrong line; thence S-56 f 00′ W 127.87 feet to a white oak; thence N-65 f 35′ W 672.00 feet to an iron pin; thence N-2 b f 00′ W E 160.00 feet to the point on beginning, containing three (3) acres, more or less. Tract No. 2: BEGINNING at a poplar and sugar tree, corner to G. S. Sevey on the original Hanna line; and with the same N 64 W 100 poles to a chestnut, corner to Joseph Haynes on the Hanna line; thence S 22 W 177 poles to a double lynn and sugar tree, corner to P. G. Walker; thence S 65 E 68 poles to a chestnut, corner to J. W. Amick on the Walker line; thence N 45 E 93 poles to a large rock, corner to G. L. Sevey; thence N 8 E 66 poles to a hickory and dogwood; thence N 35 E 52 poles to the beginning, originally stated to be about 60 and 3/4 acres, but which was found by lated survey to contain 123 and 3/4 acres. There is, however, excepted and reserved from this tract of real estate the following tract of real estate which was conveyed unto C. M. Amick from Rebecca A. Propst by Deed dated March 23, 1916, and of record in said Clerk’s office in Deed Book 42, page 587: BEGINNING at corner “A” at a chestnut on the outside line of the original tract, and 36 poles distant from chestnut near corner of fence which is north corner of the original tract; thence leaving the outside line and through the original tract S 50 E 22 poles to a chestnut oak; N 85 E 31 poles to a chestnut oak bush in a wood lot; S 24 E 55 poles to a small lynn near the road; S 22-1/2 W 33-1/2 poles to a hickory by the road; S 48 W 12 poles to a stake with chestnut pointer; S 17 W 24 poles to a chestnut; S 6 W 26-1/2 poles to a Spanish oak by the road; S 3 E 18 poles to a chestnut and dogwood at corner “B” which is 8-1/2 poles and bears N 54 W from the chestnut above road marked as corner “B” on the original plat; thence with original outside line N 54 W 92-1/2 poles to a double lynn and sugar tree near the branch; thence N 16-1/2 E 120 poles to the beginning, and estimated to contain 63 acres. Tract No. 3: FIRST PARCEL: BEGINNING at a beech on the original Hanna line, thence leaving said line and running through the Sevy land S 45 f W 19 poles to a small Red Oak standing in a flat hollow and among rocks, corner to Sevy; thence N 35 f W 34 poles to a beech on the east hill side on the original, and containing two acres, more or less. SECOND PARCEL: BEGINNING at a yellow gum and sugar tree, corner to A. F. Crookshanks and George L. Sevy; thence with the Sevy line up a spring branch N 64 f W to a birch and dogwood in the head of a hollow near the top of a ridge, corner to said Sevy’s line; thence leaving said Sevy’s line N 39 f E 100 poles to a stake on the original Hanna line and the North line known as the Loop Survey; thence with the original Patent line of the Hanna and North survey S 40 f E to a yellow gum, or a stake just above a spring on the original line, corner to A. F. Crookshanks, thence with said Crookshanks S 80 f W to a white oak near the brow of a ridge overlooking the river, and also overlooking the private road; thence with said Crookshanks to the beginning and containing 65 acres, more or less. There is, however, excepted and reserved from this tract of real estate the following tract of real estate which was conveyed unto W. B. Rogers by Deed of Ted H. Rider and Mary E. Rider, his wife, dated June 2, 1960, and of record in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 228 at Page 279: BEGINNING at an iron stake near a gate post on the east side of a road, S 54-30 E 105′ to an iron stake, N 59 E 271′ to an iron stake, N 59 E 271′ to an iron stake N 42 f 15′ W 89.5 to an iron stake S 68 f-30′ W 206′ to an iron stake, with an 8″ maple, S 38 15 W 89.90′ to the beginning. And further excepted and reserved from this tract of real estate the following tract of real estate which was conveyed unto Wade W. Rogers by Deed of Ted H. Rider and Mary E. Rider, his wife, dated June 2, 1960, and of record in the aforementioned Clerk’s office in Deed Book 228 at Page 281: BEGINNING at a maple, corner to Meadow River Lumber Company and Armstrong, leaving same N 15-30 E 38.5′ to a point in road which is a private road which runs through the T. H Rider survey, with the meanders of the road, N 01-30 E 276; N 16-W-254; N 19 E-228′ N 44 E-272′ to an iron stake near a gate, leaving the road S 54-30 E 105′ to an iron stake, N 59 E-271′ to an iron stake, N 42-15 W 89.5′ to an iron stake in the road N 36-E 52; S 85 E-524; S 60 E-238′, N 84 E-286; N 75-15 E 218, N 61 E-261; N 52 E 252′, N 82 30 E-123.5; to a point on the East side of the road near a gate, corner to Wade Rogers, with the Rogers line S 36 E 603′ to a Red Oak a corner on the Meadow River Lumber Company’s line, with the Lumber Company’s line S 46 W-229′ to oak stump, S 35 W-828′ to an iron stake in a hollow near a branch up the branch N 60 W-1750′ to an iron pipe, then S 45 W – 950′ to the beginning and containing 49.75 acres, more or less. THIRD PARCEL: BEGINNING at a red oak, corner to A. L. Rogers and with his line N 35 f W 25 poles to a stake in a hollow, thence N 61 f W 69 poles to a large poplar, corner to R. Propps; and with said Propps S 38 f W 44-1/2 poles to a planted stone; thence leaving Propps S 54-1/2 E 99-1/2 poles to a forked maple near the road; thence N 27 f E 44 poles to the beginning, containing 29-1/2 acres, more or less. 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 accurate survey and an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein. The Special Commissioner reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above or any adjournment. The successful bid at the sale is subject to the review and approval by the Circuit Court of Fayette County, West Virginia. The subject property will be sold in “as is” condition. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Special Commissioner will deliver a Special Commissioner’s Deed to the purchaser without any covenant or warranty, express or implied. The Special Commissioner makes no representations and warranties about the title of the real estate to be conveyed. If the Special Commissioner is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit. TERMS OF SALE: Cash in hand at the time of sale in the form of immediately available funds by a certified check or cashier check made payable to “James C. Blankenship, III, Special Commissioner”. James C. Blankenship, III, Esq. Special Commissioner P.O. Box 326 Fayetteville, WV 25840 (304) 574-3556 WV State Bar No. 368 11-23-MON-3-FT; L485