NOTICE OF PUBLIC SALE OF REAL ESTATE BY SPECIAL COMMISSIONERS

Pursuant to the Order of the Circuit Court of Tucker County, West Virginia, entered on September 3, 2008 (in a case styled, “Shirley Leshin, as Executrix of the Estate of Lilia Schilansky v. Harry M. Rubenstein, et al.,” Civil Action No. 07-C-64), the Special Commissioners appointed by the Court, R. Michael Mullens, Esq., F. Cody Pancake, III, Esq. and John W. Cooper, Esq., will sell to the highest bidders at public auction the following three parcels of real estate located in Tucker County, West Virginia, which are described below. 

The sale will take place at the on East Avenue adjacent to the Schilansky building (on the parking lot located next to the Miners & Merchants Bank in Thomas, West Virginia, at 10:00 a.m., on Saturday, October 18, 2008.   The Schilansky building is located on the land described as Parcel No. 2 below.   If an outdoor sale cannot be conducted because of inclement weather the sale will occur within the Schilansky building.) 

The real estate being sold is comprised of three separate parcels of land owned by the heirs of Sarah Schilansky and Barney Schilansky within Tucker County, West Virginia. (Additionally, with respect to Parcel No. 1, an undivided one-half interest in the same is vested in Western Pocahontas Properties, Limited Partnership.

    The parcels to be sold are described as follows:

(1)        That certain 29.66+ acre parcel of land in Davis District, Tucker County, West Virginia, which is more particularly described as follows: the part of the 300 acre tract described in the plaintiff’s bill in bankruptcy proceedings against B. Schilansky, found to be vacant land, and bounded and described as follows: Beginning at a hemlock and stump in the seven mile line of the 25,500 acre tract at a point where a line of the 28,702 acre tract crosses said seven mile line and running thence with said seven mile line S. 75°50" W. 3846 feet to a planted stone marked “1637 Beech”, thence S. 89°E. 3113 feet to a planted stake marked “XOXQV”, a corner to the 28,702 acre tract, this part of which is now known as the Ambler tract, thence N. 36-49'E. 1047 feet with a line of said 28,702 acre Ambler tract to the beginning, containing 29.66 acres.   Being the same real estate, an undivided one-half interest in which was conveyed to Sarah Schilansky by deed of A. Jay Valentine, Trustee of the Estate of B. Schilansky in Bankruptcy, which deed is dated 17 March, 1913, and is of record in the Office of the Clerk of the County Commission of Tucker County, West Virginia, in Deed Book 34 at page 404.  The cotenant who is vested with the other undivided one-half interest in said real estate is West Pocahontas Properties, Limited Partnership which interest was acquired in part by that certain deed dated 31 December, 1986, by deed of CSX Minerals, Inc., which is of record in the Office of the Clerk aforesaid in Deed Book 118 at page 634 and by other instruments of record.  There is no deeded access to this parcel of land.  The only road accessing said parcel from West Virginia State Route 93 is located on lands believed to be and non-public road which reportedly may be owned by Western Pocahontas Properties, Limited Partnership.   The Special Commissioners make no representation concerning access to said parcel being sold.

(2)        Part of Lot No. 3, in the City of Thomas, Thomas Corporation District, Tucker County, West Virginia, more particularly described as all that certain parcel of real estate situate in the town of Thomas, Tucker County, West Virginia, on what is known as Front or Railroad Street (also known as East Avenue), containing forty-seven feet and eight inches (47-ft-8-in) fronting and running back about one hundred and twenty feet (120-ft) to an alley; and the building of the said Sarah Schilansky thereon located, is bounded on the East by Mary Geisberger’s hotel building and on the West by Jos. Schilansky’s building.  Being the same real estate conveyed unto Sarah Schilansky by Deed of A.M. Cunningham, et al., Special Commissioners, which deed is dated 2 February, 1905, and is of record in the Office of the Clerk aforesaid in Deed Book 34 at page 243.           

(3)        A parcel, situate in St. George District, Tucker County, West Virginia, which is

more particularly described as follows: Beginning at a spruce pine on the bank of Horse Shoe Run and running thence S.20 ½ E. 11 poles to a white oak at the foot of a hill S.42W. 42 poles to a large white oak, S.53E.36 poles, S.16 ½ W. 37 poles S. 50W. 53 poles to a corner of Wm. D. Cassins land and with a line thereof reversed S. 39 ½ E. 116 poles to another corner, thence S. 72 ½ E. 14 poles to a stake, a corner to Wm. F. Deakins 140 ½ acre tract, and with a line thereof reversed N. 20 ½ E. 113 poles to another corner thereof about 12 poles west of a beech on the east side of a run, thence N. 39W. 68 poles to the place of beginning, supposed to contain 70 ½ acres.  Being the same property conveyed to Sarah Schilansky by Deed of Mary A. Blanchard and Edward Blanchard, which deed is dated 11 December, 1900, and is of record in the Office of the Clerk aforesaid in Deed Book 19 at page 202.

Parcel 3 will be sold subject to any oil and gas leases affecting the same which are believed to be in favor or Mega Energy, Inc., or its successor or assignee.

The above three parcels will also be sold subject to all existing reservations, exceptions, easements, and rights of way of record, and to all matters disclosed by an inspection of the property.  No representation is made by the Special Commissioners as to the existence of reservations, exceptions, easements, rights of way, access, covenants or restrictions affecting said parcels being sold.  No representation nor warranty as to the accuracy of the descriptions of said parcels, nor as to the number of acres or size of land actually being conveyed as no survey has been conducted by the Special Commissioners nor the heirs of Sarah Schilansky and Barney Schilansky.  The above are taken from the descriptions in the instruments by which Sarah Schilansky and/or Barney Schilansky acquired an interest in the said parcels.  Furthernore, no representation is made concerning access to said parcels.    Bidders are advised to secure a title examination prior to sale if they have any questions concerning the above matters.

Terms of Sale:            The three parcels will be sold separately. The successful bidder for each