IN THE CIRCUIT COURT OF RANDOLPH COUNTY, WEST VIRGINIA
DONALD L. HIGGINS
Plaintiff.
vs. Civil Action No. 18-C-132
MICHAEL L. HIGGINS
Defendant
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 18 day of February, 2020, in Civil Action No. 18-C-132, entitled Donald L. Higgins vs Michael L. Higgins, as Special Commissioners of said Court, shall on the 16th day of April, 2020 at 11:00 a.m, proceed to sell at public auction ON SITE to the highest bidder(s), the following hereinafter described real estate, together with any buildings, structures and other improvements situate thereon and any and all farm equipment, machinery, tools, parts and any other tangible property, (“personal property”, located on the real estate herein, being more particularly bounded and described as follows:
All those certain two (2) tracts or parcels of real estate, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
TRACT ONE:
All that certain tract or parcel of real estate containing 10 acres, more or less, located on the East side of the Tygarts Valley River, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a red oak at the country road in a line of the Iddo Ward land near a point known as the “old brick kiln” and running thence in a westerly direction to two elms on the bank of Wilson Creek; thence with the northern bank of said creek with the meanders thereof to the mouth of said creek; thence crossing said creek to a line of T.J. Arnold land; thence with said line of said Arnold land in an easterly direction to a corner of said Iddo Ward land near the fork of said creek; thence with the line of said Iddo Ward land and the county road to the beginning, containing 10 acres, more or less.
TRACT TWO
All that certain tract or parcel of real estate containing 100 acres, more or less, situate in Beverly District, Randolph County, West Virginia, being more particularly bounded and described as follows:
Beginning at a stake in the corner of the Iddo Ward land at the intersection with the Western Maryland Railway Company right-of-way; thence, running with said right-of-way on the western side of same in a northerly direction to a stake in the corner of land formerly owned by the late Iddo Ward; thence, running in a westerly direction to a stake corner of the Valley River and others; thence, running in a southerly direction to a stake corner on Chenoweth’s Creek; thence, running in an easterly direction to the stake corner, the place of beginning.
SUBJECT TO all restrictions, reservation, covenants, exceptions easements and right of way easements, including utility right of ways as set forth in the chain of title.
AND BEING the same real estate as conveyed unto Donald L. Higgins and Michael L. Higgins by Ernest Higgins by deed dated August 26, 2002 and of record in Deed Book 486, at page 174.
Said sale will be held ON SITE, in Beverly District, Randolph County, West Virginia, Directions to the real estate may be obtained from the Law Office of R. Mike Mullens by calling 304-636-7797.
The Special Commissioners will allow all prospective purchasers to visually inspect the real estate and all farm equipment, machinery, tools, parts and any other tangible property to be sold, starting at 10:00 a.m. on the day of sale.
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.
The sale shall be made without 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.
The sale shall be made subject to any and all liens and encumbrances affecting the real estate and personal property, to all unpaid or any accrued real estate taxes assessed against the real estate.
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.
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 Commissioners reserve the right to reject any and all bids.
Conveyance of the real estate will be made by a Special Commissioners 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, including the farm equipment, machinery, tools, parts or any other tangible property are sold in “AS IS” condition. The Special Commissioners do not make any representations or warranties as to the physical condition of the real estate or personal property. 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). 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 Commissioners make no representations 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. If the Special Commissioners cannot convey title to one or more lots or parcels, purchaser’s sole remedy is the return of the purchase money paid by the purchaser(s) for the purchase of any such lots or parcels. 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 Special Commissioners shall be under no duty to cause any existing tenant or person occupying the property to vacate said property, and any personal property and/or belongings remaining at the property after the sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
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 Commissioners 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 Commissioners 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 Commissioners may proceed to resell the real estate and personal property, or the applicable portion thereof, or, at the discretion of the Special Commissioners convey the real estate and personal property to the next highest bidder if such bidder will honor said bid.
R. MIKE MULLENS
SPECIAL COMMISSIONER
MIKAL-ELLEN SUZUKI BENNETT
SPECIAL COMMISSIONER
3-25, 4-1, 4-8