Source: July 31, 2015 Read More →

NOTICE OF SPECIAL COMMISSIONER’S SALE OF REAL ESTATE

NOTICE OF SPECIAL COMMISSIONER’S SALE OF REAL ESTATE

Notice is hereby given that the undersigned, MICHAEL C. DOSS and HEATHER M. WEESE, Special Commissioners, pursuant to the terms of that certain Order of the Circuit Court of Upshsur County, West Virginia, entered on the 27th day of July, 2015, in that certain civil action styled Tall Trees & Land, LLC v. Gary Wayne Haymond, et. als., Civil Action No. 15-P-7, will offer for sale and sell at public auction to the highest responsible bidder on the 17th day of August, 2015, at 3:00 p.m., at the front steps of the Upshur County Courthouse in the City of Buckhannon, Upshur County, West Virginia, the premises, conveyed thereby, being and consisting of the following:

All of all of those two certain tracts of parcels of real estate, together with the improvements, appurtenances and easements, thereunto belonging, all being situate in the Banks District of Upshur County, West Virginia and is more particularly described as follows:
TRACT I
The following described tract of land situated on the Little Kanawha River, in Banks District, Upshur County, West Virginia, and bounded as follows:
“Beginning at a maple N 39 E 82 p. to a stake N 65 W 58 p. to a stake, S 42 1/2 W 12 p. to a dogwood, S 59 W 35 p. to B. Gum, S 42 W 15 p. to a stake, S 26 W 23 1/2 p. to a Red Oak S 22-14 poles to a dogwood, S 30 1/2 W 13 p. to a R. Oak S 58 W 14 p. to a beech S 33 W 10 p. to a dogwood S 75 1/2 E 20 p. to a beech S 89 E 42 p. to a chestnut N 98 1/2 W 21 p. to the beginning, containing 42 acres, more or less.”
There is excepted and reserved from Tract I all of the coal with such mining rights as was sold with the said coal in prior conveyances.
TRACT II
That certain tract or parcel of land situate in Banks District, Upshur County, West Virginia, on the Little Kanawha River, bounded and described as follows:
“BEGINNING at a rock in the Little Kanawha River line to J.D. Propst; thence S 39 1/2 W 69.70 poles to a stake where a sugar is called for corner to A.O. Hunt; thence with A.O. Hunt line S 9 1/4 E 37.15 poles to a chestnut oak; thence S 56 W 22 poles to a stake; thence S 39 W 13.33 poles to a chestnut oak in a cliff; thence S 74 3/4 W 16.50 poles to a chestnut; thence n 69 W 12.24 poles to a chestnut; thence S 60 1/4 W 14 poles to a stake in Hunt line; thence S 11 3/4 E 84.24 poles to a rock in the river with small hemlock pointers; thence up the river N 87 1/2 E 1.27 poles; S 82 1/4 E 12.85 poles; N 76 3/4 E 18.18 poles; N 48 E 7.58 poles; N 35 E 12 poles; N 25 3/4 E 16 poles; N 52 1/2 E 18.43 poles; S 18 3/4 E 28.43 poles; N 80 3/4 E 27.39 poles; N 43 1/2 E 18 poles; N 19 1/2 E 17.58 poles; N 20 1/4 W 7.58 poles; N 37 1/2 W 101.88 poles; N 35 E 23 poles; N 3 1/2 E 12 poles to the beginning, containing 80 acres.”
There is EXCEPTED AND RESERVED from the above described 80 acres, “a part of the land known as the J.S. Lake land situate on the Little Kanawha River, in Banks District of Upshur County, West Virginia, and bounded as follows:
“Beginning at a rock in the Little Kanawha River with a hemlock pointer with the meanders of the River N 87 1/2 E 1.27 p. S 82 1/2 E 12.85 p. N 76 3/4 E 18.18 p. N 48 E 7.58 p. N 35 E 12 p. N 25 3/4 E 9 p. to a rock in the river in the mill dam known as the J.S. Lake Mill; thence leaving the river N 36 W 14 p. to a rock on the south bank of the road, S 75 W 20 p. to a rock, N 5 E 56 p. to a chestnut on a cliff S 74 3/4 W 16.50 p. to a chestnut, N 69 W 12.24 p. to a chestnut S 601/4 W 14 p. to a stake in Hunts line, S 113/4 E 84.24 p. to the beginning, containing twenty (20 1/2) and one-half acres, more or less.”
There is further excepted and reserved from Tract II the coal, oil and gas in and underlying said land with such rights to mine and remove the same as heretofore reserved in former conveyances.

And being the remainder of those two certain tracts or parcels of real estate as acquired by P. S. Claypole by the provisions of a Deed of Conveyance from J. D. Propst, et. ux., said Deed bearing date the 28th day of March, 1902, and of record in the Office of the Clerk of the County Commission of Upshur County, West Virginia, in Deed Book 41, at page 405, and further acquired by P. S. Claypole by the provisions of a Deed of Conveyance from Holt Lumber Company said deed bearing date the 1st day of December, 1919, and of record in the aforesaid Clerk’s Office in Deed Book 69, at page 88.

The above described real estate shall subject to any restrictions, covenants, conditions, matters of record and encumbrances against the same. The title shall be conveyed by the Trustee, with covenants of special warranty. The 2015 real property taxes will be prorated as of the day of closing between purchaser and owners. All taxes thereafter due and assessed against the said property shall be the responsibility of the buyer.

TERMS OF SALE: Ten Percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the highest bid shall be deposited with the Special Commissioners which will be applied to the amounts due at closing, which said deposit is non-refundable unless Special Commissioners for some reason beyond their control can not deliver special warranty of title.
CONDITION OF SALE: Said property shall be sold to the highest responsible bidder subject to the approval of the Circuit Court of Upshur County, West Virginia.
Given unto our hands on this the 30th day of July, 2015.

MICHAEL C. DOSS,
SPECIAL COMMISSIONER

HEATHER M. WEESE,
SPECIAL COMMISSIONER
8/1, 8/8. 8/15