SPECIAL COMMISSIONER’S SALE OF REAL ESTATE

SPECIAL COMMISSIONER’S SALE OF REAL ESTATE The Special Commissioner, by virtue of the authority vested in her by Article 12 of Chapter 55 of the West Virginia Code and that certain Order of the Circuit Court of Raleigh County in Civil Action No. 08-C-387-B entered the 19th day of July, 2013, as modified by the Supplemental Order and the Second Supplemental Order entered in the same case by the same court on the 7th day of December, 2015, and the 28th day of March, 2016, respectively, as duly recorded in the Office of the Circuit Clerk of Raleigh County, West Virginia, the Circuit Court of Raleigh County did appoint Leigh M. Boggs as Special Commissioner to sell, free and clear of liens, certain real property described in the first order and the undersigned Special Commissioner having been instructed by the Circuit Court of Raleigh County to sell thereunder, will offer for sale at public auction at the front door of the Raleigh County Courthouse in Beckley, West Virginia, on Friday, the 7th day of October, 2016, at 2:00 p.m., the following described tract or parcel of real estate, together with any improvements thereon, appurtenances thereunto belonging and rights incidental thereto, situate in Raleigh County, West Virginia, and being more particularly bounded and described as follows: All of Apartment No. 55 of the Dogwood Court Condominiums together with a 2.50 percent undivided interest as joint tenants in and to the common elements which are assigned to Apartment No. 55 in Phase One of Glade Springs in Shady Spring District, Raleigh County, West Virginia, with a property address of 201 Dogwood Court, Daniels, West Virginia, 25832, and which is more particularly and accurately described in the deed dated June 15, 1994, and recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia at Roll 58, page 896. The sale of the foregoing real property will be made subject to all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes of record, if any, pertaining to said real estate, subject to all matters that would or might be disclosed by an examination and inspection of the property, and to any further matters announced at said sale. The property to be sold may be subject to the restrictions, terms and conditions of the Dogwood Court Condominium Council and/or the Glade Springs Village Property Owners Association, Inc. The Special Commissioner reserves the right to adjourn the sale, for a time, or from time to time, without further notice by announcement at the time and place of sale described above of any adjournment. The Special Commissioner reserves the right to reject any and all bids. The subject property will be sold in “AS IS” condition. Upon completion of the sale, and in accordance with the Orders of the Circuit Court of Raleigh County, the sale proceeds shall be placed in an escrow account until such time as a hearing may be held to determine the priority of the liens and payment of said proceeds including any payment of attorney’s fees, expenses and costs to the plaintiff. Pursuant to the Orders of the Circuit Court of Raleigh County, Grundy National Bank is entitled to credit bid at the sale. Upon confirmation of the sale by the Circuit Court of Raleigh County, the Special Commissioner will deliver a Deed to the purchaser without any covenant or warranty (express or implied) as contemplated by West Virginia Code c55-12-7. The Special Commissioner makes no representations and/or warranties about the title of the real estate to be conveyed. TERMS OF SALE: A NON-REFUNDABLE DEPOSIT OF 10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c} OF THE SALE PRICE IN CASH OR CERTIFIED CHECK MAY BE REQUIRED AT THE TIME AND PLACE OF THE SALE WITH THE BALANCE OF THE SALE PRICE TO BE PAID WITHIN THIRTY (30) DAYS FROM THE DATE OF SALE. TIME IS OF THE ESSENCE AS TO THE CLOSING DATE AND PAYMENT OF THE PURCHASE PRICE. Purchaser should cause title examination, survey, and environmental inspection prior to sale. Purchaser shall pay all cost of title examination, survey, environmental inspection, recording costs, and conveying. If the purchaser defaults, the undersigned reserves the right to re-advertise and sell the property at the risk and cost of defaulting purchaser; or the undersigned may avail herself of any other legal or equitable rights against the defaulting purchaser. All risk of loss shall be on the successful bidder at the time such bid is accepted. The sale shall be “AS IS” without warranty or representation of any kind. If the Special Commissioner is unable to convey insurable or marketable title to purchaser for any reason, purchaser’s sole remedy is return of deposit without interest, otherwise the deposit is non-refundable. Additional terms may be announced prior to the sale. Any interested parties may contact Lefler Law Office, 316 North Kanawha Street, Beckley, West Virginia 25801, (304) 929-2637. Date: September 16, 2016 /s/ Leigh M. Boggs Special Commissioner Lefler Law Office 316 North Kanawha Street Beckley, West Virginia 25801 (304) 929-2637 Pursuant to West Virginia Code c55-12-3, the Clerk’s Certificate that the Special Commissioner’s bond and surety have been given is attached: BOND NO. 97 BU 9451 4 SPECIAL COMMISSIONER’S BOND Know all Men by these Presents: THAT WE LEIGH M. BOGGS, Principal and State Farm Fire and Casualty Company, Surety, and bound unto the State of West Virginia, in the penalty of TWO HUNDRED THIRTY FIVE THOUSAND AND NO/100, 235,000.00 Dollars, for the payment whereof we bind ourselves jointly and severally. Witness our signature and seals, this 4th day of MARCH, 2016. WHEREAS in Civil Action No. 08-C-387-B now pending in the CIRCUIT COURT of RALEIGH County, between GRUNDY NATIONAL BANK, Plaintiff and HUGH M. CAPERTON; BRANCH BANKING AND TRUST COMPANY; JOHN FRAZIER AND DEBORAH SIZEMORE, TRUSTEES; UNITED BANK, INC.; DAVID T. KENNEDY, W A THORNHILLL III AND DOUGLAS W. MILLS, TRUSTEES; INTERNAL REVENUE SERVICE, UNITED STATES DEPARTMENT OF TREASURY; KATHY L. HAYNES ALSO KNOWN AS KATHY L. CAPTERTON; WEST VIRGINIA STATE TAX DEPARTMENT; AND DOGWOOD COURT CONDOMINIUM COUNCIL, Defendant the above bound Principal, LEIGH M. BOGGS was by order of said court entered, appointed Special Commissioner, and as such required to perform certain duties specified in said order. Now if the said LEIGH M. BOGGS shall faithfully discharge the duties of the office of Special Commissioner aforesaid, and account for and pay over all moneys which may come into HER hands by virtue of HER appointments as such Commissioner, and will deposit in HER name as such Special Commissioner all moneys received by LEIGH M. BOGGS as such Special Commissioner in one or more Banks in said County; and will not remove the same there from without an order of distribution of presiding Judge, then the above obligation to be void otherwise to continue in full force and effect. State Farm Fire and Casualty Company Surety By: Kim Filter Attorney-in-Fact State of ILLINOIS County of MCLEAN I, SUZANNE M. ROBERTSON, a Notary Public of said County, do certify that KIM FILTER who signed the writing above bearing date the 4TH day of MARCH, 2016 for STATE FARM FIRE AND CASUALTY COMPANY, a corporation, has this day in m y said county, before me acknowledged the said writing to be the act and deed of said corporation. Given under may hand this 4TH day of MARCH, 2016. Suzanne M. Robertson 10-5-WED-3-RH; 4826