IN THE CIRCUIT COURT OF FAYETTE COUNTY, WEST VIRGINIA BRENDA TAYLOR, ROBIN R. CRIDER and JOHN D. SEARS, JR., PLAINTIFFS, CIVIL ACTION NO. 17-C- 110 (H) VS. TONYA LAFFERTY and SCOTT SEARS, DEFENDANTS. NOTICE OF SALE OF REAL ESTATE Pursuant to the Order of Partition Sale of the Honorable John W. Hatcher, Jr., Judge of the Circuit Court of Fayette County, West Virginia, entered on June 1, 2017, the undersigned Special Commissioner, James C. Blankenship, III, shall sell at public auction at the front door of the Fayette County Courthouse located in the Town of Fayetteville, Fayette County, West Virginia, on July 6, 2017 at 10:00 o'clock a.m., the following described tracts or parcel of real estate situate in the Town of Oak Hill, Fayette County, West Virginia to-wit: BEGINNING at a pipe (found) in the center of a common driveway; thence with the center of said driveway and with the common line of Judy Trickel (DB 506/122) and this lot, N 69 f 55' E 77.40 feet (deed calls for 65 feet) to a rebar (set) 2" from an 8 foot high chain link fence; thence S 20 f 05' E 35.25 feet to a rebar (set) 2" from said chain link fence; said rebar also being on the north western right-of-way of a 9.62 foot alley; thence with said alley and this lot, S 69 f 55' W 77.40 feet (deed calls for 65 feet) to a rebar (set) at the intersection of said alley, and the right-of-way of Summerlee Avenue; thence with Summerlee Avenue, N 20 f 05' W 35.25 feet to the point of beginning, and containing 0.062 of an acre. And being the same real estate owned by Bessie M. Sears at the time of her death in Fayette County, West Virginia, on December 7, 2004, leaving the parties to the foregoing civil action as her sole heirs-at-law. 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 disclosed by an accurate survey and an examination and inspection of the property, subject to any and all unpaid taxes as recorded against said property, and to any further matters announced at said sale. The sale of the foregoing real property will also be made expressly subject to any and other deeds of trusts, judgments, liens, and all other encumbrances of any nature whatsoever, if any, having priority over the deed of trust referred to herein. 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 or any adjournment. The successful bid at the sale is subject to the review and approval by the Circuit Court of Fayette County, West Virginia. The subject property will be sold in "as is" condition. The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property. The Special Commissioner will deliver a Special Commissioner's Deed to the purchaser without any covenant or warranty, express or implied. The Special Commissioner makes no representations and warranties about the title of the real estate to be conveyed. 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. TERMS OF SALE: Cash in hand at the time of sale in the form of immediately available funds by a certified check or cashier check made payable to "James C Blankenship, III, Special Commissioner". James C. Blankenship, III, Esq. Special Commissioner P.O. Box 326 Fayetteville, WV 25840 (304) 574-3556 WV State Bar No. 368 6-22-THU-3-FT; LG 216
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PostedJune 08, 2017