TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his reasonable discretion, determines to be appropriate or advisable. The Successor Trustee may sell in any fashion deemed appropriate in order to bring the highest bid, or bids if the Tracts are sold separately. The sale shall be further subject to the following:
1. Only the mineral estate within and underlying the surface of the Real Estate will be offered for sale at first. If the said mineral estate is not sold for an amount that is satisfactory to Pleasants County Bank, the owner and holder of the Note, the surface estate of the Real Estate will be offered for sale. The surface estate shall be offered for sale in separate Parcels, as more fully described herein, with the order of sale to be determined by the holder of the Note.
2. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
3. Any statutory lien or liens that may affect the subject property;
4. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
5. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the Deed of Trust referred to herein;
6. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
7. All of the property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee’s deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate, including both minerals and surface, to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit, and that is only prior to the date of closing.
8. In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
9. The undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner, and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
10. The beneficiary of the Deed of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
11. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
12. The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of deposit without interest.
13. Pursuant to the Deed of Trust, the Successor Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Service will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Successor Trustee reserves the right to reject any or all bids.
14. Terms of sale are 10% down payment within 24 hours of sale made payable to Trustee, with closing in 30 days from the date of Contract. A 10% Buyer’s Premium added to the high bid is payable to Joe R. Pyle Complete Auction and Realty Service and will be collected at closing.
15. Bidding may be done either in person or by online bidding. Anyone anticipating online bidding must make prior arrangements with Joe R. Pyle Complete Auction and Realty Service. The successful bidder will sign a Contract at the time of sale; or if the successful bidder is bidding online, such bidder will receive said Contract and wire instructions for the down payment following the sale.
Additional terms of sale may be announced prior to the sale.

AGENCY DISCLOSURE: Joe R. Pyle Auction and Realty Service is acting as Auctioneer for the Trustee only.

DISCLAIMER: All information regarding the description of this property is derived from sources deemed reliable but not warranted. Information is believed to be correct to the best of auctioneer’s knowledge but is subject to inspection and verification by all parties relying on it. Substitute Trustee, their representatives and auctioneer shall not be liable for inaccuracies, errors, or omissions.
Any references to acreage, unless otherwise noted, are derived from public record and are not warranted. Buyers are responsible for conducting their own research prior to bidding.

JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
Joe R. Pyle, Broker
(888) 875-1599
5546 Benedum Drive Shinnston West Virginia 26431
www.joerpyleauctions.com

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