Notice is hereby given that Royce B. Saville was appointed as Special Commissioner pursuant to the Hampshire County Circuit Court’s Order of June 1st, 2015 Action No. 15‑C-48, styled Todd Paul Davis, Plaintiff vs Troy Don Davis, Defendant, will sell at a public auction to the highest bidder, the following hereinafter described real estate on:
ON FRIDAY THE 17TH DAY OF JULY 2015
AT 11: 00 A.M.
IN FRONT OF THE HAMPSHIRE COUNTY COURTHOUSE
ROMNEY, WEST VIRGINIA
A tract of land in Bloomery district, Hampshire County, West Virginia, lying on the Northeast side of West Virginia Secondary Route 6/2, and which said 2.000 acre tract is more particularly described by Rickie C. Davy, Licensed Land Surveyor No. 535, on May 18, 1994, a copy of which said Description of Survey and Plat are of record in the Office of the Clerk of the County Commission of Hampshire County, West Virginia in Deed Book 353 at Pages 128‑131, and the same are by reference incorporated herein and made a par hereof for all pertinent and proper reasons, including a more particular metes and bounds description of said property.
LESS, HOWEVER, that certain out conveyance containing 1.00 acre, more or less, conveyed unto Troy Davis by Deed of Donna L. Davis, dated July 19, 2005, of record in the aforesaid Clerk’s Office in Deed Book 445 at Page 607.
Thus, LEAVING, for purposes of this conveyance 1.00 acre, more or less, and shown on the Hampshire County Land Books as Tax Map 37, Parcel 14.3
And being the remaining real estate which was conveyed unto Donna L. Davis by Deed of Ronal A. Pringle and Ruth F. Pringle, his wife, dated June 23, 1994, of record in the aforesaid Clerk’s Office in Deed Book 353 at Page 125.
There is excepted and reserved from this conveyance a twenty‑five (25) foot wide right‑of-way over the two acre tract herein conveyed to provide ingress and egress to and from West Virginia Secondary Route 6/2 to the remaining lands of prior grantors, said right of way to be used by the prior grantors, their heirs, successors and assigns, as a means of ingress and egress to the remaining lands of the prior grantors, and said right of way is twenty‑five (25) in width, and is more particularly bounded and described on the above referenced plat of survey of said 2.000 acre parcel, and wherein said right of way is shown on the western boundary of said lot, and is depicted thereon as Note C, and said twenty‑five (25) foot wide right of way lies on the southeast side of the center lien of the existing road between Corners 1 and 5 on said plat.
This realty is further conveyed unto the grantees herein, their heirs, successors, and assigns, subject to an existing right of way for the benefit of Kitty J. Hott, her heirs, successors and assigns, which said right of way is depicted as the lines between Corner Nos. 1 through 5, which represent the center lien of an existing roadbed from West Virginia Secondary Route 6/2, but this is not an exclusive right of way, as same may be used by Ronald A. and Ruth F. Pringle, prior grantors, their heirs, successors and assigns; Wayne A. Munger and Kathleen A. Buelow, their heirs, successors and assigns; and to the grantees herein their heirs, successors, and assigns.
TAX ID 01‑037‑014.3
PROPERTY ADDRESS: Northeast side of West Virginia 6/2
The real estate shall be sold subject to prior encumbrances, restrictions and easements of record, if any, and subject to accuracy of the prior survey in the chain of title.
FEDERAL TAX LIENS: In the event that there are Federal Tax Liens against the property, the United States would have the right to redeem the property with a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
The referenced real estate will be conveyed without warranty and subject to all convents, restrictions, easements, rights of way and reservations which may be a matter of record in the aforesaid Clerk’s Office or visible upon the ground, all prior liens and encumbrances, including, without limitation, liens for real estate taxes, or other legal liens or fees which constitute a valid lien against said real estate.
TERMS OF SALE:
Ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) to be paid on the day of Sale, balance within Thirty (30) days of date of sale upon terms to be agreed upon between Special Commissioners and successful bidder, after being approved by the Circuit Court of Hampshire County, West Virginia and upon delivery of the Deed, time being of the essence. The Special Commissioner does not warrant title or fitness to this property. Said real estate is being sold as is and where is, and this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Special Commissioners reserves the right to cancel the sale. No purchaser may take possession or make improvements in the premises until the Special Commissioners Deed is delivered or recorded.
Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation at the time and place appointed for this sale or by posting of a notice of same. Should the Special Commissioners not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Special Commissioners to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Special Commissioners. The undersigned is fully vested with the authority to sell said real estate as Special Commissioners by Court Order dated the 29th day of August, 2009.
The successful bidder will be required to execute a memorandum of purchase and sale upon the acceptance of the successful bid by the Special Commissioners. The Special Commissioners will deliver a Special Commissioners Deed to the purchaser without any covenant or warranty in the form and manner prescribed by law upon receipt of the purchase price in “good and available funds”.
Should any party have any inquires, regarding the sale, please contact the Special Commissioner below by one of the means of communications set forth below.
Royce B. Saville, Special Commissioner
95 West Main Street
P.O. Box 2000
Romney, West Virginia 26757
Telephone: 304-822‑3875
Fax: 304-822‑7455
E-mail: [email protected]
7-1-2c
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