NOTICE OF SPECIAL COMMISSIONER’S SALE
OF VALUABLE REAL ESTATE
In accordance with and pursuant to the Order of the Family Court of Morgan County, West Virginia, dated March 4, 2024, in the matter of The Marriage of Robin L. Copenhaver, Petitioner, and Gregory W. Copenhaver, Respondent, Civil Action No 22-D-96, the undersigned C. William Harmison, as the duly appointed Special Commissioner, will offer for sale at public auction to the highest bidder at the front door of the Courthouse of Morgan County, West Virginia, at Berkeley Springs, West Virginia, on Friday, the 9th day of October, 2024, at 10:00 a.m. EST, the following described real estate known for postal purposes as 171 Clone Run Road, Hedgesville, West Virginia 25427, together with all the rights, privileges, improvements, rights-of-way and appurtenances thereunto belonging, situate in Sleepy Creek District, Morgan County, West Virginia, and being all of that part of the W.E. Risinger Farm lying northeast of West Virginia State Route 9, and more particularly described as follows:
“BEGINNING at a port in the line of the original and in the eastern right of way line of West Virginia Route #9; thence N. 26º E. 479 feet to a stake, a corner to the original tract; thence with the original line S. 64º E. 2310 feet to a stake (an orginial corner); thence S. 26º W. 787 feet to a stake (an orginial corner); thence N. 64º W. 970 feet to a stake (an orginial corner); thence S. 27º W. 952 feet to a point in the original line and in the eastern right of way line of Werst Virginia Route #9; thence leaving the line of the orginal and running with said right of way N. 17º 30’ W. 1364 feet; thence N. 26º 30’ W. 251 feet; thence N. 34º W. 192 feet to the beginning, containing 49.24 acres, more or less.”
EXCEPTING AND RESERVING, however, from this conveyance the following described tracts of land:
FIRST: A tract of land containing 14.9 acres, more or less, as conveyed to S.W. Barnes and Agnes E. Barnes, his wife, from Clavern E. Clark and Norma C. Clark, his wife, by deed dated March 1, 1947, of record in said Clerk’s Office in Deed Book No. 52, at page 384;
SECOND: A tract of land containing 211 square rods, more or less, as conveyed to Tex Phillip Clark and Phyllis L. Clark, husband and wife, by Clavern E. Clark and Norma C. Clark, his wife, by deed dated June 7, 1962, of record in said Clerk’s Office in Deed Book 67, at page 326;
THIRD: That certain easement from Clavern E. Clark to the West Virginia Department of Highways from a 20’ wide right of way on each side of Cline Road, dated July 12, 1966, recorded in the aforesaid Clerk’s Office in Deed Book 72, at page 116;
FOURTH: A tract of land containing 1.1787 Acres as conveyed to Joseph C. Clark and Wilma J. Clark, husband and wife, from Clavern E. Clark and Norma C. Clark, his wife, by deed dated June 30, 1972, of record in said Clerk’s Office in Deed Book No. 83, at page 326; and by confirmatory deed dated May 12, 1973, recorded in Deed Book 85, at page 610;
FIFTH: A tract of land is conveyed to Terry E. Wilson and Connie S. Wilson, husband and wife, from Clavern E. Clark and Norma C. Clark, his wife, by deed dated June 30, 1972, of record in said Clerk’s Office in Deed Book No. 83, at page 328;
SIXTH: SUBJECT TO that certain right of way by Clavern E. Clark, et ux. To Terry E. Wilson and Connie S. Wilson dated September 4, 1986, pursuant to that certain Deed of Right of Way, as recorded in the aforesaid Clerk’s Office in Deed Book 138, at page 109;
SEVENTH: That certain tract of land containing 4.9548 acres, from Clavern E. Clark, et ux., to Dennis W. Clark, by deed dated September 4, 1986, and recorded in the aforesaid Clerk’s Office in Deed Book 138, page 111;
EIGHTH: That certain tract of land containing 1.17 acres from Clavern E. Clark, et ux., to Dennis W. Clark, by deed dated June 20, 1997, as recorded in the aforesaid Clerk’s Office in Deed Book 179, at page 321:
NINTH: That certain tract of land containing 1.37 acres to Donald W. Clark from Clavern E. Clark, et ux., by deed dated September 10, 1997, as recorded in the aforesaid Clerk’s Office in Deed Book 180, at page 62;
TENTH: That certain tract of land containing 7.75 acres to Dennis W. Clark from Clavern E. Clark, et ux. by deed dated December 4, 1998, as recorded in the aforesaid Clerk’s Office in Deed Book 185, at page 240; and,
ELEVENTH: That certain tract of land containing 0.99 acres, more or less, from Clavern E. Clark and Norma C. Clark, his wife, to Rhonda L. Reichle, by deed dated August 29, 2003, recorded in the aforesaid Clerk’s Office in Deed Book 205, at page 320.
TWELFTH: That certain tract of land, containing 5.00 acres, and SUBJECT TO that certain right of way to Terry M. Powell from Clavern E. Clark, et ux., by deed dated September 1, 2005, recorded in the aforesaid Clerk’s Office in Deed Book 216, at page 96.
SUBJECT TO utility easements, conditions, limitations and easements existing and of record.
SUBJECT TO the following covenants and restrictions:
1) The sale of alcoholic beverages on this property is prohibited: and
2) No open sheds shall be permitted.
AND BEING the same real estate granted and conveyed from Tex Phillip Clark, Executor of the Estate of Norma C. Clark, deceased, unto Gregory W. Copenhaver and Robin L. Copenhaver by deed dated December 3, 2013 of record in the office of the Clerk of the County Commission of Morgan County, West Viginia, in Deed Book No. 247, at page 402.
SAID REAL ESTATE shall be sold subject to all liens, taxes and assessment, encumbrances and rights-of-way which may exist against said real estate as of the date of sale.
TERMS OF SALE: Under the terms of the Court’s order the real estate shall be sold as follows: Ten Percent (10%) of the purchase money, or so much more as the purchaser shall elect to pay, cash in hand on date of sale, and the balance in full within 30 days from date of sale.
The real estate shall be sold in “as is” condition. The Special Commissioner shall be under no duty to cause existing tenants or persons occupying subject property to vacate the premises.
Dated this 9th day of April, 2024.
C. William Harmison
Special Commissioner
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