TERMS OF SALE:

Sale of the Real Estate will be made by the Trustees, or their agent, by public auction to the highest bidder. The Trustees reserve the right to reject any bid that in his or her opinion is inadequate. The highest bidder will be required to tender the purchase price in cash or immediately available funds by the end of the day of sale. The Trustees reserve the right to accept or reject such other terms as to payment or delivery of payment as may be made be agreed to by the Trustees and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustees may proceed to resell the Real Estate pursuant to the Deed of Trust or, at the discretion of the Trustee, convey the Real Estate to the next highest bidder if such bidder will honor his or her bid.
The Trustees also reserve the right to continue the sale of the Real Estate from time to time by oral proclamation or by posting a notice of the same where legal notices are posted in Preston County, West Virginia, which continuation shall be in the sole discretion of the Trustee. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance, please contact the office of the Trustee to make further inquiry. Please direct any inquiries or objections to the sale to the Trustee in writing at the following address:

Trustees, Paige K. Vagnetti, Esquire, Andrew M. Cranston, at Dinsmore & Shohl LLP, 215 Don Knotts Boulevard, Suite 310, WV 26501, (304)296-1100.

Any sale may be conducted or adjourned by the designated agent or attorney of the Trustees. Beneficiary or Beneficiary's designee may purchase the Real Estate at the sale, in whatever manner sold, and in such case, the Beneficiary shall have the right to credit against the amount of the successful bid made therefore all or any of the secured debt then due.

Conveyance will be made by Trustee's Deed in the form prescribed by W. Va. Code § 38-1-6, subject to all governmental charges and assessments, utility charges, easements, covenants, rights-of-way, conditions and restrictions of record. Every lot or parcel of the Real Estate, and any improvements located thereon, are sold in "AS IS" condition. The Beneficiary of the Deed of Trust does not make any representations or warranties as to the physical condition of the Real Estate. Any and all legal procedural requirements to obtain physical possession of the Real Estate after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the foreclosure sale. All outstanding taxes, assessments and utility charges will be the responsibility of the purchaser. All settlement fees, costs of conveyance, examination of title and recording charges shall be at the expense of the purchaser. Trustee makes no representations regarding the state of title to the Real Estate. If Trustee cannot convey insurable or marketable title, purchaser's sole remedy is the return of the purchase money paid by the purchaser for the purchase of the Real Estate. The purchaser shall be responsible for the payment of the transfer taxes imposed by Article 2 of Chapter 11 of the West Virginia Code. Sale is made subject to the right of the Internal Revenue Service to redeem the Real Estate as provided by Section 7425 of the Internal Revenue Code of 1986, as
amended. Additional terms and conditions shall be announced at sale.

A 10% buyer’s premium is also due and payable to Joe R. Pyle Complete Auction & Realty, LLC at the conclusion of the auction.

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

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