NOTICE OF SPECIAL COMMISSIONER'S SALE Under the authority and direction by order of the Honorable H.L. Kirkpatrick III, Judge of the Circuit Court of Raleigh County, West Virginia, entered on February 23, 2017, in the matter of NATURE'S FRIENDS LLC v. ROGER L. EVANS, BRENDA K. EDENS, ALMA HOWARD, BOBBY BUCKLAND, BARBARA KINSLER, MARILYN HALL, SHIRLEY DAVIS, TRACYNE CATLETT, GARY LILLY, ROGER LILLY, DAVID LILLY, LOUISE LILLY (last name unknown), ANN LILLY (last name unknown), BRENDA LILLY (last name unknown), HELEN BROWN, DALLAS EVANS, LOIS EVANS, DARRELL KINCAID, DELBERT KINCAID, BETTY KINCAID (last name unknown), BEULAH KINCAID (last name unknown), LINDA KINCAID (last name unknown), KATHLEEN KINCAID (last name unknown), and PHYLLIS KINCAID (last name unknown), and any other unknown or unascertained heirs at law or Beneficiaries of FRED EVANS, SUSIE ELIZABETH EVANS, RUSSELL E. EVANS, EDITH ARLENE EVANS, TROY R. EVANS, RUBY BUCKLAND, SHELBY EVANS, MABLE WILLIAMS, TRACY EVANS, ELSIE LILLY, KEMPER EVANS, MARY E. KINCAID AND TELMAS L. EVANS, deceased, his widow, FAYE EVANS and any other unknown or unascertained heirs at law or Beneficiaries. Civil Action No. 14-C-93-K, the undersigned Special Commissioner appointed by the Court, pursuant to said authority given, will on March 17, 2017 at 10:00 a.m. at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia offer for sale that certain surface tract together with improvements thereon and appurtenances thereto situate on South Sand Branch, Town District, Raleigh County, West Virginia, and being more particularly described in the Will of William D. Evans of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Will Book 3, at page 113 wherein the said William D. Evans devised to his son, Fred Evans, as follows: "To Fred Evans, my son, the land where he (Fred Evans) now resides and part of the home place where I now reside. Beginning at a corner to the Stover Tract, thence down the ridge a west course to three chestnut oaks on the crest of the ridge corner on three chestnut oaks. Thence a north course down the ridge and through a cleared field to a forked Apple Tree on the south side of the County Road leading to Sweeneysburg. Thence with the road an East course to the corner of the Lewis Williams Tract near the Bridge and overflowing well on south side of South Sand Branch. It is hereby understood that Fred Evans is to have all land on the East side of a Division Line made by himself and Howard Evans and South of the Road to Sweeneysburg." There is EXCEPTED and RESERVED from this described tract: (a) that certain three (3) acre portion conveyed by Fred Evans and Susie Evans, his wife, to W.T. Evans by deed dated October 27, 1942 and of record in the aforesaid Clerk's office in Deed Book 185, at page 101; and (b) that certain 20 acre, more or less, tract conveyed by Fred Evans and Susie Evans, his wife, to Kemper Evans, et al by deed dated May 3, 1946 and of record in the aforesaid Clerk's office in Deed Book 225, at page 505. The property is listed in the 2016 land book of Raleigh County, West Virginia, in the name(s) of Fred Evans, etal in Town District, Map 14, Parcel 34, and is described as "Sur 28 acs & 72 sq PLS". The above described real estate shall be conveyed by the undersigned as Special Commissioner by DEED WITHOUT WARRANTY of any kind as to the title of this property and will be made subject to all property taxes, prior liens, reservations, encumbrances, restrictions, rights of way, easements, covenants, conveyances, and conditions of record in said Clerk's office any affecting the subject property. The subject property will be sold in AS IS condition. The Special Commissioner shall be under NO duty to cause any existing co-tenant, tenant, or other person or entity occupying the subject property to vacate the same. TERMS OF SALE Cash in hand on day of sale. The above described real estate will be sold by the Special Commissioner or his agent and attorney at auction to the highest bidder, subject to the approval and confirmation by the Circuit Court of Raleigh County. Ten (10) percent of the purchase price must be paid to the Special Commissioner to be held in trust from the date of the sale, with the balance due at the hearing for approval and confirmation by cashier's check. The hearing for approval and confirmation shall be held before the Honorable H.L. Kirkpatrick III on the 27th day of March, 2017 at 2:00 p.m. in Courtroom A, 3rd Floor, Raleigh County Judicial Annex, 222 Main Street, Beckley, West Virginia. CONTINUANCE / ADJOURNMENT OF SALE The undersigned reserves the right to continue the sale, or adjourn the sale for a time, or time to time, without further notice by announcement at the sale or adjournment thereof at the time and place of said sale. Edgar E. Bibb III Special Commissioner 103 Druid Avenue Beckley, WV 25801 (304) 894-8286 CLERK'S CERTIFICATE I, Paul H. Flanagan, Clerk of the Circuit Court of Raleigh County, West Virginia, hereby certify that bond with security approved by me as sufficient, and in the penalty provided by law, has been given by Edgar E. Bibb III, said Special Commissioner. Given under my hand this 23rd day of February, 2017. Paul H. Flanagan Clerk of the Circuit Court Court of Raleigh County West Virginia 3-14-MON-3-RH; 6025
