SPECIAL COMMISSIONER’S SALE OF REAL ESTATE

SPECIAL COMMISSIONER’S SALE OF REAL ESTATE Pursuant to and by virtue of an Order of the Circuit Court of the County of Raleigh, West Virginia, entered on the 15th day of January, 2015, in the cause therein pending under the style of NATURE’S FRIENDS, LLC, a West Virginia limited liability company, Petitioner, v. BELVA ALIFF JENNINGS, RODNEY W. CLAY, JAMES ALFRED LUCAS JR., CLARK EDWARD LUCAS, ELSIE M. COOPER HOPKINS, G. DIANE HOPKINS, EMOJEAN LUCAS SHUMATE, ESTELLE LUCAS DANIELS, ERIC SCOTT LUCAS, DEBORAH L. MURDOCK, SHIRLEY HALEY DEVANY, RICHARD LEE HALEY, DARRELL RICHMOND, ESTELLE BRUNTY KESSLER, HOWARD RICHMOND, HUBERT RICHMOND, PATRICIA LOUISE GRAFTSLAND, CHARLOTTE CAROL HORN, KELLY THOMAS TRUMP, THOMAS EARL SNUFFER, ANN SHERIDAN HANCOCK SNUFFER, RICHARD D. RICHMOND, KENNETH L. RICHMOND, CAROLYN FARMER, DELORES JEAN RICHMOND, VIRGINIA DANCY, NASH RICHMOND, JAMES RICHMOND, MARY ASHLEY BROADDUS, and any unknown or unascertained heirs of DORPHUS RICHMOND, BERTIE LUCAS, DENNIS RICHMOND, LACY RICHMOND and ELSIE JONES, Respondents, Civil Action No. 08-C-343-K, Edgar E. Bibb, III, the undersigned Special Commissioner will offer for sale at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, Raleigh County, at Public Auction, to the highest bidder on JULY 10, 2015 10:00 o’clock A.M. the following described real estate: The surface of the following two (2) tracts situate in Raleigh County, West Virginia and being more particularly described as follows: TRACT 1 “Tract of land situate, lying and being on Breckenridge, a tributary of the Marsh Fork of Coal River, bounded as follows: Beginning at a chesnut on the west side of a hollow, corner of the Richmond survey: thence S 33 3/4 f W 15 2/5 poles to a black oak; thence S. 78 f W 25 poles to a stake (a poplar gone); thence N 71 1/4 f W 144 poles to a stake on a line of the original survey; thence N 16 3/4 f E 12 poles to a red oak and dogwood (chesnut oak down); thence N 80 1/2 f E 84 poles to a locust and chesnut oak; thence N 70 f E 48 poles to a chestnut oak; thence S 81 1/2 f E 18 poles to a chesnut oak (cut down); thence S 23 1/2 f E 59 poles to a white oak by a branch; thence __ 27 1/2 f W 11 3/5 poles to a planted stone on the Richmond line; thence S 85 f W 6 2/5 poles to the beginning, containing 52 1/4 acres.” And being the same real estate conveyed to Mary Richmond by Nancy Cooke et al by Deed dated August 4, 1903, and of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia in Deed Book 27, at page 128. TRACT 2 “Two tracts of land situate on Breckenridge Creek in Raleigh County, West Virginia, first containing about 40 acres bounded as follows: Beginning at a stone at the public road, near a gate Northeast of where said Samuel L. Richmond now resides, thence North to to (sic) the outside line to a chestnut in a drain, with the companies line a westerly course to a chesnut in a drain above said John M. Richmond’s house, thence with the 120 acre tract a southerly course to a double chesnut on a ridge; thence leaving that line an easterly course to a stone near the corner of a field near a drain; thence down the drain to a stone; thence an easterly course around the foot of a ridge to a chesnut in a field; thence to the beginning corner, also I give to said John M. Richmond 24 acres out of my 34 acre tract of land lying on Breckenridge adjoining the above described tract of land.” However, there is RESERVED and EXCEPTED FROM THESE TRACTS THAT PART OF THE ABOVE DESCRIBED PROPERTY THAT WAS CONVEYED TO THE State Road Commission of West Virginia for the construction of a hard road, and reference is made to a deed recorded in the Office of the Clerk of the County Commission of Raleigh County, West Virginia. And being the same real estate which was devised to John Mason Richmond by the Will of Samuel L. Richmond, which Will is of record in the aforesaid Clerk’s Office in Will Book 1, at page 246. The undersigned Special Commissioner reserves the right to continue such sale or to reschedule the same by posting on the front door of said Courthouse a Notice of such continuance and new date and time and posting an additional Notice thereof in the hallway of the Raleigh County Courthouse. Terms of the sale are cash or certified funds in hand from the highest bidder or a ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) deposit with the balance paid within thirty (30) days or a letter of credit from a financial institution with an office in Raleigh County, West Virginia, insuring such bid with the balance due and payable within thirty (30) days. The above described real estate will be sold by the undersigned Commissioner by auction to the highest bidder subject to the right of the Commissioner to reject all bids if, in the Commissioner’s opinion, they are inadequate. Said real estate will be be sold “as is” without any warranty by the undersigned Special Commission as the title to this property and without any warrant as to the mechanical, electrical, plumping and structural components of any improvements and without any warranties or representations as to the contamination or lack of contamination to the surface, substrata, or the premises of hazardous substances and/or petroleum and related by-products, hydrocarbons, radon, asbestos, urea formaldehyde and polychlorinated biphenyl compounds. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. This sale is made and accepted subject to all prior reservations, restrictions, exceptions, easements, covenants and conditions made by all predecessor in title, except those pertaining to race, color and creed. Said real estate will also be sold subject to any and all taxes, assessments and liens for taxes, if any. The subject property is situate in Trap Hill District, Raleigh County, West Virginia and is listed on the land books of Raleigh County in said district in the name of Nature’s Friends, LLC and others in Tax Map 11, Parcel 3 and in the Tax Map 21, Parcel 2. THIS SALE IS SUBJECT TO THE APPROVAL AND CONFIRMATION OF THE COURT. Edgar E. Bibb, III Special Commissioner CLERK’S CERTIFICATE I, Paul H. Flanagan, Clerk of the Circuit Court of Raleigh County, West Virginia, hereby do certify that bond with security approved by me as sufficient, and in the penalty provided by law, has been given by said Special Commissioner. Given under my hand this 5th day of June, 2015. Paul H. Flanagan Clerk Circuit Court of Raleigh County, WV 6-23-TUE-3-RH; L 3064