IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA
WILBUR GODDIN,
Plaintiff,
vs. Case No: 42-2015-C-44
(Judge Wilmoth)
ROBERT E. HUTTON, R.E.H.
Inc, a West Virginia Corporation,
et. al.
NOTICE OF SPECIAL COMMISSIONER SALE
Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Randolph County, West Virginia, entered on the 17th day of October, 2023, in Civil Action No. 15-C-44, styled Wilbur Goddin vs. Robert E. Hutton et. al. R.E.H. Inc., John Carte, a registered agent, the undersigned Special Commissioner of said Court, shall on the DECEMBER 13, 2023 at 1:30 p.m. proceed to sell at public auction at the front door of the Randolph County Courthouse to the highest bidder(s), the following hereinafter described two (2) parcels or tracts of real estate, together with any buildings, structures and other improvements situate thereon and any and all appurtenances located on the real estate herein, being more particularly bounded and described as follows, and to be sold in the order listed herein:
FIRST SALE:
All the following described real estate situate in Leadsville District, Randolph County, West Virginia, and more particularly described as follows:
BEGINNING at an iron pipe and corner fence post on the eastern right-of-way of the Western Maryland Railroad siding; thence with State Secondary Route 21/5 N 28* 07′ E for a distance of 129.9 feet to an iron pipe and fence post; thence leaving State Secondary Route 21/5 S 63* 15′ E for a distance of 494.8 feet to an iron pipe; thence N 84* 20′ E for a distance of 123.4 feet to an iron pipe; thence N 44* 16′ E for a distance of 249.7 feet to an iron pipe; said iron pipe being on the southern right-of-way line and 40 feet from the center-line of State Secondary Route 21; thence with southern right-of-way line of State Secondary Route 21 S 44* 38′ for a distance of 40 feet to an iron pipe; thence continuing with the southern right-of-way line of Secondary Route 21 N 45* 21′ E for a distance of 5 feet to an iron pipe; said iron pipe being on southern right-of-way line and 35 feet from centerline; thence continuing with the southern right-pf-way line of State Secondary Route 21 44* 38′ E for a distance of 319.2 feet to an iron pipe, said iron pipe being on the southern right-of-way line and 35 feet from centerline of Secondary Route 21, said pipe also being on the western right-of-way line and 33 feet from the centerline of the Western Maryland and Railroad main track; thence with Railroad right-of-way 1233 feet to the point of Beginning. Said tract containing 5.95 acres, more or less.
And Being the same real estate conveyed to Robert Hutton from Cynthia Dawn Terry (a/k/a Cynthia Dawn Hutton) by Quitclaim Deed, dated December 12, 2017 and of record in the Office of the Clerk of the Randolph County Commission in Deed Book 631 at page 835. On the 2023 Land Books of Randolph County, Leadsville District, Tax Map 132, Parcel 17.1
SECOND SALE:
All of the following described real estate situate in Leadsville District, Randolph County, West Virginia, lying on the northern side of US Route 33, about one mile east of the City of Elkins and more particularly described as follows:
BEGINNING at a found rebar, said corner lying on the eastern edge of US 33 right-of-way, corner common with Akers (Deed Book 445, at page 153); thence N. 45* 46′ W. for 337.4 feet, running with the right-of-way of Route 33, to a 5/8″ rebar with plastic cap set; thence N. 20* 57′ E. 258.3 feet, running through Mouse’s 20 acre parcel to a 5/8″ rebar with plastic cap set, said corner in line of Akers 23.29 acre tract (Deed Book 491 at Page 153); thence S. 41* 51′ W. 1292.7 feet, running with Akers, to a found pin, said common corner with Akers 13.48 acre tract (Deed Book 445, at Page 153) and Mouse’s 0.62 acre tract (Will Book 41, at Page 312); thence S. 18* 04′ W. 222.4 feet, running with Akers, to a found iron pin, said common corner with Akers 13.48 acre tract (Deed Book 445, at Page 153) and Mouse’s 0.62 acre tract (Will Book 41, at Page 312); thence S. 16* 21′ W. 182.4 feet, running with Akers, to a found iron pin, said corner common with Akers 13.48 acre tract (Deed Book 445, at page 153) and Mouse’s 0.62 acre tract (Will Book 41, at Page 312) to the point of beginning, containing 10 acres, more or less, as surveyed in February 2012 by David Bosserman, Professional Surveyor No. 2037, HC 61, Box 16, Mabie, WV and as shown on a plat attached to Deed Book 552 at Page 179 and made a part of this description.
This land consists of two parcels of land, the first includes all of Mouse’s 0.62-acre tract (Leadsville District, Tax Map 138, Parcel 38.2) and the second being a part of Mouse’s 20 acre tract (Leadsville District, Tax Map 134, Parcel 28).
And Being the same real estate conveyed to Robert Hutton from Cynthia Dawn Terry (a/k/a Cynthia Dawn Hutton) by Quitclaim Deed, dated December 12, 2017 and of record in the Office of the Clerk of the Randolph County Commission in Deed Book 632 at page 1. On the 2023 Land Books of Randolph County Randolph County, Leadsville District, Tax Map 134, Parcel 38.2
1. Said sale will be held at the Randolph County Courthouse, in Elkins, Randolph County, West Virginia, on the front steps thereof, or in the lobby pending weather.
2. The Special Commissioner will allow all prospective purchasers to visually inspect the real estate to be sold from the roadway adjacent to the property from 9:00 a.m. to 10:00 a.m. on the day of sale.
3. This sale will be by the boundary and not by the acre without warranty as to the quantity of acreage contained on said real estate.
4. The sale shall be made with special warranty of title and subject to all reservations, exceptions, covenants, restrictions, easements, limitations, conditions, minerals rights, rights of way or easements, and other servitudes, if any, made, retained or otherwise created by deeds or other instruments constituting the record chain of title to the real estate aforesaid.
5. The sale shall be made subject to any and all liens and encumbrances affecting the real estate, to all unpaid or any accrued real estate taxes assessed against the real estate. The proceeds from the sale will be applied to pay the judgments/obligations owed to Mountain Valley Bank N.A. and Wilbur L. Goddin, who will release their judgements as to the real estate to be sold, upon receipt of payment.
6. This sale shall further be made subject to all necessary rights of way for ingress, egress and regress, water/sewer, and utility service to the real estate.
7. Any sale hereunder may be postponed from time to time or adjoined without any notice other than an oral announcement at the time and place appointed for this sale or by posting notice. The Special Commissioner reserve the right to reject any and all bids. Additionally, should the “First Sale” be sufficient to satisfy all outstanding debts, judgments, and the cost of the sale, the Special Commissioner may cancel, suspend, or postpone the second sale without notice, other than that provided verbally on the date, and at the time, of sale.
8. Opening bid: The Special Commissioner reserves the right to set an opening bid, and to decline sale for less than that opening bid.
9. Conveyance of the real estate will be made by a Special Commissioner Deed in the form prescribed by W.Va. Code 38-1-6, subject to any and all effective and enforceable exceptions, reservations, conditions, covenants, restrictions, limitations, assessments, easements, rights of way, mineral severances and other encumbrances as have been created with respect to and/or imposed upon said real estate by the Grantor or its predecessors in interest in title prior to the recording of the Deed in the aforesaid Clerk’s office. All real estate, and any improvements located thereon, are sold in “AS IS” condition and are FINAL. The Special Commissioner do not make any representations or warranties as to the physical condition of the real estate. Prospective purchasers are responsible for inspecting the title to the real estate prior to the Special Commissioner Sale. Any and all legal procedural requirements to obtain physical possession of the real estate and personal property after the sale are the responsibility of the purchaser(s). Anyone interested in purchasing the subject property should review the contents of this case file (Randolph County Civil Action No. 15-C-44), of record in the office of the Circuit Clerk of Randolph County. Risk of loss or damage will be the purchaser’s from and after the sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser(s).
All settlement fees, costs of conveyance, examination of title, title fees and recording charges shall be at the expenses of the purchaser(s). Special Commissioner makes no representation regarding the state of title to the real estate or personal property. Purchaser(s) shall bear the responsibility and risk of any inspection of the real estate and shall take title to the real estate subject to any existing leases, land contracts, or other agreements recorded and unrecorded affecting the real estate and shall take title to the personal property subject to any liens and UCC filings.
The purchaser(s) shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the real estate as provided by Section 7425 of the Internal Revenue Code of 1986, as amended. Additional terms and conditions shall be announced at sale.
The real estate being sold may be currently occupied. The purchaser shall be solely responsible for removing any existing tenant or person occupying the real property, as well as any personal property remaining on the real property after the sale. The Special Commissioner shall neither have a duty to cause any existing tenant or person occupying the property to vacate said property, nor shall the Special Commissioner have a duty to cause any personal property and/or belongings remaining at the real property to be removed.
Approval of the Circuit Court: This sale is subject to the approval and confirmation by the Circuit Court of Randolph County, West Virginia.
Terms of sale: Ten Percent (10.00%) of the purchase price due on day of sale by certified check, payable to the Special Commissioner and the balance in immediately available funds at closing, which shall be within thirty (30) days from the day of sale. The Special Commissioner reserves the right to accept or reject such other terms as to payment or delivery of payment as may be agreed to by the Special Commissioner and the bidder(s). If the successful bidder(s) fails to deliver the deposit and/or total purchase price within the prescribed time, the Special Commissioner may proceed to resell the real estate and personal property, or the applicable portion thereof, or, at the discretion of the Special Commissioner convey the real estate and personal property to the next highest bidder if such bidder will honor said bid.
/s/ John J. Wallace, IV
John J. Wallace, IV
Special Commissioner
WV Bar #9730
P.O. Box 7
Elkins, WV 26241
(304)637-3800
11/8, 11/15, 11/22