IN THE CIRCUIT COURT OF
RANDOLPH COUNTY,
WEST VIRGINIA
GRANT COUNTY BANK,
Plaintiff,
vs. ZEBB CREEK LOGGING & TIMBER, LLC,
STEVEN W. HERRON,
NATIONSTAR MORTGAGE, LLC.
GOLDEN & AMOS, PLLC, Trustee
Case No: 42-2024-C-52
(Judge Wilmoth)
Defendants
NOTICE OF SPECIAL
COMMISSIONER SALE
Pursuant to the authority vested in the undersigned by Order of the Circuit Court of Randolph County, West Virginia, in Civil Action No. 24-C-52, entitled Grant County Bank
vs. Zebb Creek Logging & Timber, LLC, Steven W. Herron, Nationstar Mortgage, LLC and Golden & Amos, PLLC, Trustee, the undersigned Special Commissioner of said Court, shall on the SEPTEMBER 30, 2024 at 1:30 p.m. proceed to sell at public auction at the front
door of the Randolph County Courthouse to the highest bidder, the following hereinafter described three (3) 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:
LEGAL DESCRIPTION
OF REAL ESTATE
All those certain three (3) tracts or parcels of real estate, together with all improvements thereon and appurtenances thereunto belonging, situate approximately two miles northeast of the town of Kerens, on the waters of Lazy Run, in New Interest District, Randolph County, WestVirginia
FIRST: (2024 New Interest Dist. Tax Map 118, Parcel 35.1 – 2.83 ac. residue). That certain lot, parcel or tract of land, situate about 2 miles northeast of the town of Kerens, on the waters of Lazy Run, in New Interest District, Randolph County, West Virginia, and more particularly bounded and described as follows:
Beginning at a point on a line of John Gainer in the line fence, Set a 5/8″ x 36″ iron rod with a cap stamped “L.L.S. – No. 6”, A double pitch pine (Corner of whole tract) bears S. 61 30′ E., 341.04 feet thence with lines of said Gainer
N. 61 30′ W., 533.4 feet to a small maple at the fence corner on top of a ridge
S. 64 30′ W., 415.1 feet to a double pin oak on top of the ridge
S. 78 00′ W., 214 .5 feet to a stake in the S.W. Chenoweth line; thence with part of a line of said Chenoweth:
S. 14 00′ W., 437.2 feet to a large white oak by a drain corner to land of the Frazee Lumber Company; thence with Frazee Lumber Company:
S. 70 00′ E., 262.7 feet to a maple stump; being a corner to the McElwain tract (now Harsh); thence with lines of the McElwain tract:
N. 48 00′ E., 735.9 feet to an iron pipe by a white oak stump, north of a pond.
S. 54 30′ E., 386.7 feet to a point on a line of Harsh, Set a 5/8″ x 36″ iron rod with a cap stamped “L.L.S. – No. 6;” thence leaving the outside line, running through the Metz tract:
N. 05 35′ E., 240.0 feet to the point of beginning, containing 8.9 acres, as compiled December, 1979, by Jerry L. Shreve, and as shown on that plat attached to that deed from
Metz to Harsh, dated January 8, 1980, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Deed Book 328, at Page 526. That
description was amended by Correction Deed dated May 12, 1980 and of record in said Clerk’s Office in Deed Book 330 at page 616, a plat appended thereto changing the last call from “N. 22 45′ E., 212.6 feet” to “N. 05 35′ E., 240.0 feet” thereby increasing the
parcel size by 0.20 acres.
LESS and EXCEPT that following outconveyance of record:
An outconveyance of a 3.75-acre parcel of land by virtue of a deed from Delbert Harsh, Jr. and Julia Christine Harsh, husband and wife, dated the 11th day of July, 2005, to Danny and Regina Harris, of record in the aforesaid Clerk’s Office in Deed Book 504, at Page 117. Said real estate being further bounded and described as follows:
A tract or parcel of land situate 1135 feet northwest of the Clifton Run Road (WV Secondary Route 7), and 0.9 miles northeast of Kerens, WV, New Interest District, Randolph County, West Virginia, more particularly described as follows:
Beginning at a 32-inch white oak with wire fence, 23 feet south of a drain, a corner to Troy and Mary Alice Morral (deed Book 311 at page 1) and (Deed Book 418 at page 716), from which a ¾-inch rebar found at the north edge of said drain, a corner between said Morral tracts, bears N. 66* 52′ W., 676.40 feet, thence with said Morral and a found marked line
N. 19* 15′ E., 432.30 Feet to a point in line of said Morral – Deed Book 418, at Page 716 and a corner to Ralph and Alice Vandevender (Deed Book 352 at page 104), from which a 10-inch white oak with wire, bears S. 82* 15′ W., 24.50 feet and a 14-inch beech marked as a sideline tree, bears N. 18* 30′ W., 11.50 feet, thence with said Vandevender
N. 82* 21′ E., 187.90 Feet to a 26-inch pin oak, with a broken-off and grown over fork on the east side, at a wire fence bend, a corner to said Vandevender and a corner to Delver Harsh, Jr. reserved land (Part of Deed Book 328 at page 526), from which a ¾-inch by 36-inch rebar, set bears S. 42* 45′ E., 5.90 feet and a post at a wire fence corner, a corner to said Vandevender and Harsh, bears N. 68* 37′ E., 475.50 feet, thence through the parent Harsh tract of Deed Book 328, at Page 526
S. 42* 45′ E., 345.20 Feet to a point at the north edge of a drain, a corner in line of said Harsh parent tract of Deed Book 328, at Page 526, a corner to Delbert Harsh, Jr. (Deed Book 287 at page 112) and a corner to Danny Harris and Regina Vance (Deed Book 409 at page 654), from which a bent over ¾-inch iron pipe, found, a corner to said Harsh tracts, replaced with a ¾-inch by 36-inch rebar, bears N. 54* 52′ E., 323.95 feet, another ¾-inch iron pipe, found, bears S. 43* 33′ E., 8.10 feet, a ¾-inch rebar with plastic cap, found, a corner to Williams (Deed Book 496 at page 97), bears S. 43* 33′ E., 522.89 feet, a found and marked 13-inch black gum bears S. 10* 10′ E., 17.10 feet and a 16-inch poplar bears S. 86* 50′ W., 16.55 feet, thence with said Harris and Vance for part of a line
S. 54* 52′ W., at 315.06 passing 19.40 feet northwest of a ¾-inch galvanized iron pipe in concrete, a corner to said Harris, In All 419.15 Feet to a point on the southwest bank of a drain, a maple stump called for, but not found, a corner in line of Earl and Sylvia Grimm (Deed Book 313 at page 398) and a corner to Troy and Mary Alice Morral (Deed Book 311 at page 1), set a ¾-inch by 36- inch rebar with 2¾-inch diameter orange plastic cap, from which a nail set in top of the trunk of an 11-inch leaning black birch at the drain, bears N. 71* 23′ E., 14.43 feet, a 14-inch black birch bears S. 34* 00′ E., 5.80 feet and a 35-inch white oak corner tree, found at a wire fence corner, bears S. 54* 52′ W., 944.20 feet, thence with said Morral for two lines
N. 43* 10′ W., 37.58 Feet to a point at the south edge of said rain, 8.5 feet south of the center, a birch in the hollow called for, but not found, set a ¾-inch by 36-inch rebar, from which an 8-inch red maple bears N. 61* 20′ E., 5.10 feet, thence
N. 80* 05′ W., 197.65 Feet to the Beginning, Containing 3.75 Acres, as surveyed in May 2005, by Leon G. Mallow, Professional Surveyor No. 567, Route 1, Box 117, Montrose, WV; all bearings being “2004” magnetic taken from a survey of
record in Deed Book 496, at page 97 and depicted on a plat of record in said Clerk’s Office in Deed Book 504 at page 117, 121.
SECOND: (2024 New Interest Dist. Tax Map 118, Parcel 52.7 – 1 ac.). A tract or parcel of real estate situate in the New Interest District, Randolph County, West Virginia, 0.8-
mile northeast of Kerens, on the north side of West Virginia State Secondary Route 7, and being more particularly bounded and described as follows:
Beginning at a new iron pin 422.50 feet northwest of the northern right of way of West Virginia State Secondary Route 7 and running thence
N. 42 00′ E., 220.00 feet to a new iron pin on the old fence line; thence along the pin at the edge of the former woods; thence
N. 52 21′ W., 198.0 feet [call omitted from previous Deed] to an existing iron pin at the edge of the former woods; thence
S. 42 00′ W., 220.0 feet to a new iron pin at the Hammonds’ line; thence along the Hammonds’ line
S. 52 21′ E., 198.0 feet to the place of beginning, containing 1.00 acre, more or less, as surveyed by Carl R. Johnson, P.E., C.E. 3617, on September 16, 1982, and a copy of the said plat of survey is attached to that deed from Blosser to Harsh, dated December 22, 1990, of record in the aforesaid Clerk’s Office in Deed Book 411, at page 239.
THIRD: (2024 New Interest Dist. Tax Map 118, Parcel 52.4 – 3.96 ac.). That certain tract or parcel of land situate in the New Interest District, Randolph County, West Virginia, 0.8 miles North East of Kerens, West Virginia, on the waters of Cleaver Run, on the north side of State Secondary No. 7, and being more particularly bounded and described as follows:
BEGINNING at a ¾” pipe N. 46* 30 W., 512′ to a ¾” pipe set at the edge of a run, thence N. 50* 15′ E., 325′ to a ¾” pipe, thence in the direction of Route No. 7 462′ to a pipe set in the edge of the woods on the original property line, thence in a Southwesterly direction along the edge of the woods to the point of beginning.
TOGETHER WITH a 20′ wide right-of-way to Route No. 7 across the property being conveyed simultaneously by the grantors herein to James Blosser and Martha Blosser,
husband and wife.
FIRST and THIRD parcels herein being LESS and EXCEPT that 2.16 Acre Controlled Access Right of Way from Steve W. Herron to the West Virginia Department of Transportation, Division of Highways, dated October 14, 2016 and of record in the Office of the Clerk of the Randolph County Commission in Deed Book 586 at page 386
And Being the same real estate conveyed to Steven W. Herron from Timothy D. Harsh and Susan M. Harsh, husband and wife, by Deed dated August 25, 2006, of record in the Office of the Clerk of the Randolph County Commission in Deed Book 511 at page 655.
1. Said sale will be held at the Randolph County Courthouse, in Elkins, Randolph County, West Virginia,
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 10:00 a.m. to 11:00 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 Grant County Bank. and Nationstar Mortgage, LLC dba Greenlight Loans, who will release their judgements or liens 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 reserves the right to reject any and all bids. 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: Bidding will start at $80,000.00. The real property will not be sold for less than the opening bid amount.
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 does 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. Anyone interested in purchasing the subject property should review the contents of this case file (Randolph County Civil Action No. 24- C-52), 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.
All settlement fees, costs of conveyance, examination of title, title fees and recording charges shall be at the expenses of the purchaser. Special Commissioner makes no
representation regarding the state of title to the real estate or personal property. Purchaser 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 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 may 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 (10.00%) of 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. If the successful bidder 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
Elkins-Aug 29, Sept 5 & 12, 2024.