In the Circuit Court of Preston County, West Virginia Cindy A. Likens, Plaintiff v. Estate of Melinda Penick, Shawn A. Streets, Wilma K. Thorn, William C. Thorn, and Doris M. Reckart, et al., Defendants. Civil Action No.: 19-C-119 Notice of Special Commissioner’s Sale Pursuant to the Order styled Order from August 15, 2025 Hearing, entered by the Circuit Court of Preston County, West Virginia (“Court”), in the above-styled action on September 12, 2025, (“Appointing Order”), the Court approved and constituted Olivia S. Harris DeVall as a Special Commission of the Court (“Special Commissioner”) and directed Special Commissioner to effectuate the sale of the real property described and referenced below. Sale Date and Time and Parcel Descriptions: Special Commissioner will, on Friday, November 21, 2025 at 10:00 a.m., auction and offer for public sale and online auction at the front door of the Preston County Courthouse in Kingwood, West Virginia, located at 106 W. Main St., Kingwood, West Virginia, the lots, parcels, or tracts, including and together with the buildings, fixtures, improvements, and structures thereon, located in Preston County, West Virginia, described as follows (“Parcels”): First: Kingwood District TMP 19-6 ALL of the following described lot or parcel of land situate in Kingwood District, Preston County, West Virginia, and bounded and described as follows, to-wit: BEGINNING at a stake at the southern edge of State Route 26/32, and running South 12 10′ East 110 feet to a poplar; thence, North 65 4′ East 504 feet to a double poplar; thence, North 38 50′ East 119 feet to a stake; thence, South 82 12′ West 143 feet to road right-of-way; thence with said road in a direction away from Howesville South 61 30′ West 233 feet to a stake; thence, South 78 40′ West 37 feet to the place of beginning, containing .78 of an acre, more or less, and being the same real estate conveyed to Hannah Pearl Thorn by Betsy K. McCloud Lipscomb and Herbert Lipscomb, her husband, by Deed dated May 18, 1984, and of record in the office of the Clerk of the County Commission of Preston County, West Virginia, in Deed Book 514, at page 336. The said Hannah Pearl Thorn passed away on January 31, 2011, leaving William Thorn as her sole heir as shown on the Application of Fiduciaries of record in said Clerk’s office in Will Book 69, at page 381. There is excepted and reserved all of the minerals on and under said land together with the mining rights therewith which have heretofore been excepted and reserved or conveyed away. This deed is also subject to the 15 foot wide reservation for a roadway described in predecessors deed which a portion of said roadway may cross the tract hereinabove described. Second: Kingwood District TMP 19-13 ALL of that certain parcel of real estate known as the Howesville School Property, situate on the Kingwood-Evansville Pike near John J. Gockee’s in the District of Kingwood, Preston County, West Virginia, described as follows: BEGINNING at a stone corner to John J. Gockee’s land, thence with the pike, S. 19 W. 9 poles to a stone corner to a lot sold to A. A. Peny & Co., thence with their line S. 62 E. 12-14/20 poles to a chestnut tree in said Gockeys land, and with the same N. 30 W. 16-12/20 poles to the beginning, containing 57 perches, and being the same real estate conveyed to William Thorn, Jr., and Hannah P. Thorn, husband and wife, jointly with the right of survivorship, by the Board of Education of the County of Preston, State of West Virginia, a statutory corporation, by Deed dated July 27, 1981, and of record in said Clerk’s office in Deed Book 493, at page 981. Hannah P. Thorn passed away on January 31, 2011, thereby vesting title in William Thorn, Jr., by virtue of his being the surviving joint tenant. Third: Kingwood District TMP 19-35 ALL of the following described tract or parcel of real estate, together with the appurtenances thereunto belonging, situate in Kingwood District, Preston County, West Virginia, and more particularly bounded and described as follows: BEGINNING at a corner between Lydia A. Plum, near old log bridge in coal bank drain; thence south with said drain to a stake and stone pile at fence; thence north with said fence to limits of Newburg Pike; thence northeast with said Pike and with private road to the place of beginning, containing 5 acres, more or less, and being the same real estate conveyed to William Thorn, Jr., and Hannah Pearl Thorn, husband and wife, joint with the right of survivorship, by Bernard Zuchowski, divorced, by Deed dated September 24, 1984, and of record in said Clerk’s office in Deed Book 515, at page 485. Hannah Pearl Thorn passed away on December 31, 2011, thereby vesting title in William Thorn, Jr., by virtue of his being the surviving joint tenant. This conveyance is made subject to the reservation of a fifteen (15) foot road from the beginning point at the side bridge to the Newburg Pike. There is excepted and reserved from the real estate herein conveyed all of that parcel of real estate containing .78 acre, more or less, conveyed by Mary Zuchowski and Ed Zuchowski, her husband, to Joe J. Zuchowski, by Deed dated May 12, 1952, and of record in said Clerk’s office in Deed Bok 329, at page 196. This conveyance is further made subject to all exceptions, reservations, and out conveyances that have heretofore been made by the Grantors or their predecessors in title. The said William Thorn, Jr., passed away on June 2, 2011, leaving Cindy A. Likens, Doris M. Reckart, William C. Thorn, Melinda S. Sheets, Wilma A. Thorn, Cheryl A. Mercure, Melinda S. Penick , and Shawn A. Streets as his heirs at law as shown on the Application of Fiduciaries of record in said Clrek’s office in Will Book 70, at page 194. Memorandum: The successful purchaser(s) (whether one or more, (“Purchaser”) of the respective Parcels shall be required to execute and deliver a memorandum of sale and purchase at special commissioner’s sale with Special Commission immediately following the conclusion of the last of the auctions and offers for public sale of the Parcels, from pro forma version of which shall be available for examination, inspection, and review prior to the auctions and offers for public sale of the Parcels (“Memorandum”). Court Confirmation: Special Commissioner”s obligations pursuant to this Notice, the Memorandum, and otherwise shall be subject to the express and specific precedent that the Court shall confirm the purchase and sale of each Parcel between the applicable Purchaser and Special Commission on the conditions, provisions, and terms contained in the Memorandum. Deposit and Balance. Each Purchaser shall be required to pay and remit to Auctioneer (1) 10% of the total sale price, (“Deposit”) in certified funds as of the execution and delivery of the Memorandum applicable to the Parcel(s) purchased by Purchaser and (2) the complete and full balance and remainder of the successful purchase price (“Balance”) in certified funds within sixty (60) calendar days of the date of the Memorandum to Special Commissioner, even in the event that the Court shall not have confirmed the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commission on the conditions, provisions, and terms contained in the Memorandum within sixty (60) calendar days of the date of the Memorandum. Time is and shall be of the essence as to the payment of the Balance. In the event that Purchaser shall have paid and remitted the Balance to Special Commissioner and the Court shall subsequently decline or refuse to confirm the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum, the Deposit, and the Balance shall be both refunded and returned to Purchaser by Special Commissioner within twenty (20) calendar days of the Court making such declination or refusal without the accrual of interest. Except as otherwise contained in the immediately preceding sentence and the immediately succeeding paragraph, the Deposit shall be non-refundable and non-returnable to Purchaser. Inability of Special Commissioner to Perform: In the event that Special Commissioner shall be unable to convey or transfer the applicable Parcel(s) to Purchaser for any reason, Purchaser=s exclusive and sole remedy, in equity and at law, shall be the refund of the Deposit, without the accrual of interest, and Purchaser shall be deemed to have absolutely and irrevocably discharged, released, and waived any and all other remedies and rights against Special Commissioner. Time: Without exception or exclusion, time shall be of the essence with respect to each and every facet of the Memorandum; provided, however, that in the event that the Court shall not confirm the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum within sixty (60) calendar days of the date of the Memorandum, Purchaser shall nonetheless remain obligated to pay and remit the Balance to Special Commissioner within sixty (60) calendar days of the date of the Memorandum, but Special Commissioner shall not be obligated to execute and deliver the below-referenced deed to Purchaser until the Court shall confirm the purchaser and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum. Default by Purchaser: In the event that Purchaser shall fail, neglect, or refuse to pay and remit the Balance to Special Commissioner in certified funds within sixty (60) calendar days of the date of the Memorandum, even in the event that the Court shall not have confirmed the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum within sixty (60) calendar days of the date of the Memorandum, then in addition to any other equitable or legal remedies available to Special Commissioner, Special Commissioner shall have the authority and right, but not the obligation, to (1) declare the Memorandum and Purchaser’s right to purchase the applicable Parcel(s) as cancelled and terminated and (2) the Deposit irrevocably forfeited by Purchaser and also either, at Special Commissioner’s discretion, (1) retroactively accept the next best and highest bid for the applicable Parcel(s) at the auction and offer or public sale of the applicable Parcel(s) or (2) resell the applicable Parcel(s) or (2) resell the applicable Parcel(s), and apply, credit, or utilize the Deposit to pay and satisfy the charges, costs, expenses, and fees associated with or attendant to the resell of the applicable Parcel(s). In the event of such a failure, neglect, or refusal by Purchaser, Purchaser shall be liable and obligated for the payment of any deficiency in the purchase price resulting from the acceptance of the next best and highest bid for the applicable Parcel(s) at the auction and offer for public sale of the applicable Parcel(s) or the resell of the applicable Parcel(s), all charges, costs, expenses, and fees of both the initial auction and offer for public sale of the applicable Parcel(s) and any resell of the applicable Parcel(s), all charges, costs, expenses, and fees, including, without limitation, reasonable charges, costs, expenses, and fees of legal counsel of Special Commissioner and all other parties to the above-captioned civil action, except for and excluding Purchaser in the event that Purchaser shall be a part to the above-captioned civil action, and all compensatory, consequential, and incidental damages incurred, suffered, or sustained by Special Commissioner and all other parties to the above-captioned civil action, except for and excluding in the event that Purchaser shall be a party to the above-captioned civil action. In the event that the resell of the applicable Parcel(s) shall result in a purchase price in excess of the purchase price bid by Purchaser, Purchaser shall be deemed to have irrevocably and unconditionally released, relinquished, and waived any and all claims and rights to any such excess amount and shall not be entitled to any distribution whatsoever from the proceeds resulting from the resell of the applicable Parcel(s). Disclaimer and Negation of Warranties: The Parcels shall be auctioned and offered for public sale and conveyed, granted, and transferred by Special Commissioner without affirmation, recourse, representation, or warranty, express, implied, or otherwise, of any character, description, kind, manner, or nature, “as is” and with all adverse conditions, defects, and faults, and with no assurances, covenants, or warranties as to title, including, without limitation, without affirmations, representations, or warranties concerning, relating to, or with respect to (1) the absence or existence of any adverse condition or defect, (2) the absence or existence of any parties in possession of the Parcels, (3) the compliance of the Parcels with any applicable conditions, covenants, limitations, restrictions, or servitudes, (4) the compliance of the Parcels with any applicable land use, legal, or zoning requirements, (5) the condition, design, or fitness of the Parcels for any intended or particular purposes or uses, (6) the quality of the Parcel, (7) the quiet enjoyment of the Parcels, (8) title to the Parcels, or (9) the value of the Parcels, with the intent on the part of the Special Commissioner to disclaim and negate any and all affirmations, representations, and warranties. Deed: Upon (1) the fulfillment and satisfaction of all conditions to be performed by Purchaser pursuant to the Memorandum, including, without limitation, the complete and full pavement and remittance of the Balance to Special Commissioner by Purchaser within sixty (60) calendar days of the date of the Memorandum, and (2) the confirmation by the Court of the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum, Special Commissioner shall convey, grant, and transfer the applicable Parcel(s) to Purchaser and Purchaser shall accept and take the applicable Parcel(s) from Special Commissioner by a deed containing no assurances, covenants, or warranties of title, burdened, and encumbered by and subject to (1) any and all effective and enforceable agreements, assessments, charges, conditions, covenants, easements, exceptions, leases, liens, limitations, mineral severances, reservations, restrictions, rights of way, servitudes, and other burdens and encumbrances as have been created with respect to or imposed upon the applicable Parcel(s) of record prior to the delivery of such deed, (2) any and all matters which a visual inspection of the applicable Parcel(s) might reveal, (3) any state of facts which could be ascertained by making an inquiry of parties in possession of the applicable Parcel(s), if any, (4) any conflicts in boundary lines, deficiencies, discrepancies, encroachments, shortage in area, or other matters or state of facts which an accurate survey of the applicable Parcel(s), if any, and (6) the statutory lien(s) securing real property taxes assessed against or levied on the applicable Parcel(s), including and together with interest, penalties, and redemption charges or fees associated therewith, if any. Charges Against the Parcels: Any and all amounts, assessments, charges, costs, expenses, liens, or taxes burdening or encumbering the applicable Parcel(s) or owed against the applicable Parcel(s) shall be the obligation and responsibility of Purchaser to discharge, pay, or satisfy. Closing and Settlement Costs: All closing and settlement charges, costs, expenses, and fees associated with or connected to the sale and transfer of the applicable Parcel(s), including, without limitation, all real property taxes due and payable in relation to the applicable Parcel(s), including, without limitation, any and all interest, penalties, and redemption charges or fees associated therewith, if any, all excise/transfer taxes imposed upon the conveyance or transfer of the applicable Parcel(s), all charges, costs, expenses, and fees of recordings agreements, deeds, documents, or instruments, all charges, costs, expenses, fees, of title examination and title insurance, all other due diligence or feasibility charges, costs, expenses, and fees, and all charges, costs, expenses, and fees of obtaining financing, shall be the sole burden and obligation of Purchaser. Possession: Purchaser shall have no authority or right to enter into possession of the applicable Parcel(s) until such time as (1) Purchaser shall pay the remit the Balance to Special Commissioner, (2) the Court shall confirm the purchase and sale of the applicable Parcel(s) between Purchaser and Special Commissioner on the conditions, provisions, and terms contained in the Memorandum, and (3) Special Commissioner shall deliver to Purchaser the above-referenced deed. Following delivery of such deed, it shall be Purchaser’s obligation and responsibility to obtain possession of the applicable Parcel(s) and Special Commissioner shall not be bound and obligated to remove any party in possession of the Parcels, if any. No Obligation to Effect Repairs: Special Commission shall not be bound or obligated to make any alterations, amendments, changes, modifications, renovations, or repairs of or to or to add any improvements to the Parcels. Risk of Loss: The risk of loss or damage to the Parcels by fire or other casualty shall not be with Special Commissioner and shall remain with the owner(s) of the Parcels until such time as Special Commissioner shall deliver the above-referenced deed to Purchaser. Jurisdiction and Venue: All parties that make, offer, or present bids to Special Commissioner shall be deemed to consent and agree to the exclusive jurisdiction of and to venue in the Court concerning, for, in relation to, or with respect to all matter concerning or involving the auction and offer for public sale of the Parcels, without the authority or right to remove any action, case, or other proceeding involving such subject matter to federal court. Adjournment and Postponement: Special Commissioner shall have the authority and right to adjourn, continue, or postpone the auction and offer for public sale of any of the Parcels or all of the Parcels at the discretion of Special Commissioner by public announcement at the time and place designated for such auction and offer for public sale or at any further adjournment, continuance, or postponement thereof. Rejection of Bids: Special Commissioner shall have the authority and right to reject bid or bids by which Special Commissioners, in her absolute and sole discretion, deems inadequate. Inquiries should be directed to: Olivia S. Harris DeVall 303 E. Main St. PO Box 516 Kingwood, WV 26537 Dated: 10/31/2025 Olivia S. Harris DeVall, in her capacity as Special Commissioner
EVERHART BROWN & DEVALL, LC
303 E MAIN ST
PO BOX 516
KINGWOOD
WV
26537
304-329-0421
ID: 1490818