NOTICE OF SPECIAL
COMMISSIONER’S SALE
Please Take Notice that by virtue of an Order of the Circuit Court of Raleigh County, West Virginia entered on July 29, 2018, by Judge Andrew G. Dimlich, in that certain civil action styled, First Response Restoration LLC v. Samuel I. McAllister, II a/k/a Samuel I. McCallister, II, Civil Action No. 17-C-206 and pursuant to the authority vested in him by said order, Robert L. Bandy, the undersigned Special Commissioner (“Special Commissioner”), will on FRIDAY, MARCH 22, 2019, at 11:00 a.m. sell to the highest bidder at public auction at the front door of the Raleigh County Courthouse, Beckley, Raleigh County, West Virginia, the following real property, with addresses commonly known as SUR LOT 38 PINEWOODS ADD, SHADY SPRINGS (141 Lynn Street, Daniels, WV) under the name of Samuel I. McCallister, II and SUR 7.5 AC & R/W WTS GLADE CRK, SHADY SPRINGS under the name of Samuel I. McAllister, II, situate in Raleigh County, West Virginia, along with any improvements thereon, rights incidental thereto, and appurtenances thereunto belonging, being more particularly bounded and described as follows (the “Property”):
PINEWOOD ADDITION:
Lot Number Thirty-Eight (38) of the Pine Woods Addition as the same is set forth and designated on a map entitled, “Pine Woods Addition, F. H. Lynch, Owner, Blue Jay, W. Va., Scale 1″ = 200′, P. H. Wilson, Eng., January 2, 1939”, which said map is of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia (“Clerk’s Office”) in Map Book No. 7, at page 85, and to which map reference is hereby expressly made for a more particular description of the Property.
Being the same real estate conveyed to Samuel I. McCallister, II, by deed dated September 8, 2005, by Frank George Rakes, II and Brenda Rakes, his wife, and Beverly Ann Pate and John L. Pate, her husband, of record in the Clerk’s Office in Deed Book 5019, at page 4024.
GLADE CREEK:
BEGINNING at a steel axle in a chestnut stump a common corner of the property and the Robert A. Lilly property; thence N. 34deg. 35′ W. 1171.07 feet to a locust hub; thence N 57deg. 45′ E. 278.97 feet to a locust hub; thence S. 34deg. 35′ E. 1171.07 feet to a stake; thence S. 57deg. 45′ 278.97 feet to the point and place of beginning containing 7.5 acres more or less.
Being the same real estate conveyed to Samuel I. McAllister, II, by deed dated September 27, 2012, by Gerald E. Coleman, Jr. of record in the Clerk’s Office in Deed Book 5048, at page 8636.
Samuel I. McAllister, II a/k/a Samuel I. McCallister, II (“McAllister”) died on September 2, 2017, in Raleigh County, West Virginia. By Order entered February 20, 2019, the Raleigh County Commission appointed the Sheriff of Raleigh County as the Administrator of McAllister’s estate.
TERMS OF SALE
1. Terms of sale: a non-refundable deposit of 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} of the sale price in cash or certified check, or other immediately available funds, at the time and place of the sale with the balance of the sale price payable within thirty (30) days from the date of sale. TIME IS OF THE ESSENCE as to the closing date and payment of the purchase price.
2. The Property and any improvements thereon are being sold and will be conveyed AS-IS, WHERE-IS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR CONDITION OR FITNESS FOR ANY PURPOSE OR AS TO THEIR COMPLIANCE WITH ANY LAWS.
3. The Special Commissioner shall sell the Property, together or separately, at the discretion of the Special Commissioner;
4. This sale is made subject to all restrictions, conditions, reservations and easements contained in deeds or instruments of record in the Clerk’s Office, or visible on the ground, and subject further to all liens and unpaid real estate taxes and special assessments, if any, the purchaser assuming the payment thereof.
5. The purchaser shall be responsible for the payment of any transfer taxes and recording fees necessary to place of record the deed of conveyance.
6. The purchaser shall be responsible for the payment of any amount necessary to redeem the Property for any tax liens sold by the Sheriff of Raleigh.
7. The Special Commissioner makes no representations and/or warranties about the title of the Property.
8. The Special Commissioner shall be under no duty to cause any existing tenant or occupant to vacate the Property.
9. The Special Commissioner reserves the right to adjourn the sale, for a time, or from time to time, without further notice other than by announcement at the time and place of sale described above or by posting a notice of adjournment.
10. The Special Commissioner reserves the right to reject any and all bids.
11. The successful bidder is required to execute a memorandum of sale upon the acceptance of the successful bid by the Special Commissioner.
CONDITION OF SALE
The Property shall be sold to the highest bidder subject to the approval of the Circuit Court of Raleigh County, West Virginia. Upon confirmation of the sale by the Circuit Court of Raleigh County, the Special Commissioner will deliver a deed to the purchaser without any covenant or warranty (express or implied) as contemplated by West Virginia Code 55-12-7. The Special Commissioner makes no representations and/or warranties about the title of the real estate to be conveyed.
CERTIFICATE AS TO BOND
PURSUANT TO WEST VIRGINIA
CODE 55-12-3
The Clerk’s Certificate that the Special Commissioner’s bond and surety have been given is attached hereto.
ROBERT L. BANDY
Kay Casto & Chaney PLLC
P.O. Box 2031
Charleston, WV 25327
(304) 345-8900
[email protected]
SPECIAL COMMISSIONER
Special Commissioner Bond
KNOW ALL MEN BY THESE PRESENTS
Bond Number 82C232576
That we Robert L. Bandy as principal and The Ohio Casualty Insurance a corporation duly licensed to do business in the State of New Hampshire as Surety, are held and firmly unto The State of West Virginia in the sum of Sixty Two Thousand One Hundred Dollars ($62,100) to the payment of which we bind ourselves, our heirs executors and administrators, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 30th day of January 2019 The condition of the above obligation is such that whereas, the above bound principal was on the 29th day of July 2018 by the Circuit Court or Raleigh County West Virginia, appointed a Special Commissioner in the case of First Response Restoration LLC Plaintiff and Samuel I. McCallister II a/k/a Samuel I McCallister, II Defendant pending in the said Court.
NOW, THEREFORE, if the above bound principal shall faithfully discharge the duties of his said office or trust as said Special Commissioner as aforesaid, and account for an pay over, as required by law, all moneys which may come into his hands by virtue of his said appointment, and deposit in his name, as such Special Commissioner all monies received by him as such Special Commissioner in one or more of the banks located in the said County of Raleigh, and not remove the same there from without a order or decree of distribution entered by the presiding Judge of said Court, then this obligation to be void, otherwise to remain in full force and virtue.
Robert L. Bandy
Ben Morgan
Signed, sealed and acknowledged before and approved by me this 15th day of February 2019.
By Mary Sizemore
Clerk Paul H. Flanagan
3-11-MON-3-RH; LG 214866
ID: 214866