COUNTY OF WISE v DELMAR UNDERWOOD

April 25, 2024

VIRGINIA:

IN THE CIRCUIT COURT OF THE COUNTY OF WISE

COUNTY OF WISE, VIRGINIA, a Political Subdivision of the Commonwealth of

Virginia

Complainant

Case No. CL21-519

DELMAR UNDERWOOD, ET AL.

Respondent(s)

ORDER OF PUBLICATION

The object of this suit is to enforce the lien of the Complainant, County of Wise, Virginia, for delinquent real estate taxes against certain real property located in the County of Wise, Virginia, described as follows:

Tax Map No. 028 ( ) 013B

Account No. 034012

All that certain tract or parcel of land, situate, lying, and being in the Gladeville Magisterial District of Wise County, Virginia, and being more particularly bounded and described as follows, to-wit:

Beginning corner, a maple at the corner of what is now or formerly Ervin Hall's house, at line of land now or formerly owned by A. J. Yates running NE to a maple on a point; thence a corner between said A. J. Yates property and property now or formerly owned by Clinchfield Coal Corporation; thence N to a large beech at branch: thence NW to a hickory on branch; thence N to a small spotted oak on spur; thence N straight line to a spotted oak on ridge, a corner in the line of land now or formerly owned by H.C. Plummer; then running with said Plummer line NW to a maple between property now or formerly owned by John W. Bevins and property now or formerly owned by A. L. Powers, running with the said A. L. Powers line W to a stake, corner between property now or formerly owned by John W. Bevins and property now or formerly owned by Cosby Stallard, running with the said Cosby Stallard line SE to a white oak, a corner between said John W. Bevins and said Cosby Stallard leaving the corner, SE to a corner to a stake in the edge of the old County road, containing 65 acres, more or less.

Less and except that portion of land conveyed from Lorene Hall Baker and others to Robert Gentry by Deed dated April 2, 1954, and of record in the office of the Circuit Court Clerk of Wise County, Virginia.

Less and except that portion of land conveyed from Delmer L. Underwood and Lona Y. Underwood to Hershel Yates by Deed dated July 18, 1968, and of record in the office of the Circuit Court Clerk of Wise County, Virginia in Deed Book 433 at Page 568.

Less and except that portion of land conveyed from Delmer L. Underwood and Lona Y. Underwood to Harold R. Kelly and Reba K. Kelly by Deed dated March 9, 1984 and of record in the office of the Circuit Court Clerk of Wise County, Virginia in Deed Book 590, at Page 337.

There is also excepted and reserved all the coal and other minerals, together with such mining rights and privileges which may have been heretofore sold and conveyed or excepted and reserved by the predecessors in title.

And being the 11.696 acres, more or less, that remains of said property conveyed to Delmer L. Underwood and Lona Y. Underwood, as tenants by the entirety with the right of survivorship, from Emory Yates and Lenora Yates, his wife, by Deed dated October 7th, 1970 and recorded May 4, 1971 in the Office of the Circuit Court Clerk of Wise County, in Deed Book 433, at Page 566.

This description is made subject to all easements, conditions, agreements, restrictions, and reservations of record which affect the property herein described including but not limited to those recorded in Deed Book 601 at Page 330, Deed Book 621 at Page 736, Deed Book 667 at Page 578, Deed Book 674 at Page 384, Deed Book 684 at Page 221, Deed Book 717 at Page 424, Deed Book 717 at Page 310, and Deed Book 850 at Page 51.

IT APPEARING that an Affidavit has been made and filed stating that due diligence has been used, without effect, to ascertain the identity and location of certain parties to be served, that the last known addresses for the Respondents herein are as follows: Delmar Underwood aka Delmer L. Underwood, who is believed to be deceased and whose last known address is 8032 Boggs Hill Road, Wise, Virginia 24293; Lona Y. Underwood, who is believed to be deceased and whose last known address is 7144 Appletree Road, Wise, Virginia 24293; Dennis Lee Underwood, whose last known address is 7140 Apple Tree Rd, Wise, Virginia 24293; and that any officers, heirs, devisees, and successors in title of the Respondent named herein are made parties Respondent to this action individually and/or by the general description of Parties Unknown, it is hereby

ORDERED that the parties herein and all Parties Unknown and/or whose location cannot be ascertained appear on or before June 10, 2024 in the Clerk's Office of the Circuit Court of the County of Wise, Virginia, and do what may be necessary to protect their interests in this cause.

Entered on the 22nd day of April, 2024.

Dezarah J. Hall

Clerk

I Ask For This:

Seth R. Konopasek, Esq. (VSB No. 97065)

Andrew M. Neville, Esq. (VSB No. 86372)

John A. Rife, Esq.

(VSB No. 45805)

Jeffrey A. Scharf, Esq.

(VSB No. 30591)

Mark K. Ames, Esq.

(VSB No. 27409)