TERMS OF SALE:

The Property shall be auctioned and offered for public sale and conveyed, granted, and transferred by Substitute Trustee without affirmation, recourse, representation, or warranty, express, implied, or otherwise, of any character, description, kind, manner, or nature, “as is” and with all adverse conditions, defects, and faults, and with no assurances, covenants, or warranties as to title, including, without limitation, without affirmations, representations, or warranties concerning, relating to, or with respect to (1) the absence or existence of any adverse condition or defect, (2) the absence or existence of any parties in possession of the Property, (3) the compliance of the Property with any applicable conditions, covenants, limitations, restrictions, or servitudes, (4) the compliance of the Property with any applicable land use, legal, or zoning requirements, (5) the condition, design, or fitness of the Property for any intended or particular purposes or uses, (6) the quality of the Property, (7) the quiet enjoyment of the Property, (8) title to the Property, or (9) the value of the Property, with the intent on the part of Substitute Trustee to disclaim and negate any and all affirmations, representations, and warranties.

The Property shall be auctioned and offered for public sale and conveyed, granted, and transferred by Substitute Trustee burdened and encumbered by and subject to (1) any and all effective and enforceable agreements, assessments, charges, conditions, covenants, easements, exceptions, leases, liens, limitations, mineral severances, reservations, restrictions, rights of way, servitudes, and other burdens and encumbrances as have been created with respect to or imposed upon the Property of record by Borrowers or Borrowers’ predecessors in title prior to the recording of the Security Instrument in the Clerk’s Office, except to the extent that any of the same have been cancelled, released, or terminated or subordinated in priority to the Security Instrument, (2) any and all leases and other encumbrances as have been created with respect to or imposed upon the Property by Borrowers subsequent to the recording of the Security Instrument in the Clerk’s Office which are the subject of non-disturbance or similar agreements to which Secured Party is a party, (3) any and all matters which a visual inspection of the Property might reveal, (4) any state of facts which could be ascertained by making an inquiry of parties in possession of the Property, if any, (5) any conflicts in boundary lines, deficiencies, discrepancies, encroachments, shortage in area, or other matters or state of facts which an accurate survey of the Property might reveal, (6) the rights of parties in possession of the Property, if any, and (7) the statutory lien(s) securing real property taxes assessed against or levied on the Property, including and together with interest, penalties, and redemption charges or fees associated therewith, if any.

Any and all amounts, assessments, charges, costs, expenses, liens, or taxes burdening or encumbering the Property or owed against the Property and not extinguished by the foreclosure of the Security Instrument shall be the obligation and responsibility of the successful purchaser(s) (“Purchaser”), if any, to discharge, pay, or satisfy.

All closing and settlement charges, costs, expenses, and fees associated with or connected to the sale and transfer of the Property, including, without limitation, all real property taxes due and payable in relation to the Property, including, without limitation, any and all interest, penalties, and redemption charges or fees associated therewith, if any, all excise | transfer taxes imposed upon the conveyance or transfer of the Property, all charges, costs, expenses, and fees of recording agreements, deeds, documents, or instruments, all charges, costs, expenses, and fees of title examination and title insurance, all other due diligence or feasibility charges, costs, expenses, and fees, and all charges, costs, expenses, and fees of obtaining financing, shall be the sole burden and obligation of Purchaser.

Purchaser shall be required to execute and deliver a memorandum of purchase and sale at substitute or successor trustee’s sale with Substitute Trustee immediately following the conclusion of the auction and offer for public sale of the Property, a proforma version of which shall be available for inspection and review prior to the auction and offer for public sale of the Property.

Purchaser shall be required to pay and remit to Substitute Trustee (1) Five Thousand and 00/100 Dollars ($5,000.00) (“Deposit”) in cash or certified funds immediately following the conclusion of the auction and offer for public sale of the Property, (2) the balance and remainder of the successful purchase price (“Balance”) in cash or certified funds within forty-five (45) days of the conclusion of the auction and offer for public sale of the Property, and (3) a premium equal to ten percent (10%) of the successful purchase price (“Purchaser’s Premium”) in cash or non-certified funds immediately following the conclusion of the auction and offer for public sale of the Property, which Purchaser’s Premium shall not be applied to or credited against the successful purchase price and shall be paid to the auctioneer engaged by Secured Party to further advertise and market the auction and offer for public sale of the Property (“Auctioneer”). Time is and shall be of the essence as to the payment of the Balance. In the event that Secured Party shall be Purchaser, Secured Party shall not be required to pay and remit the Deposit or the Purchaser’s Premium.

In the event that Purchaser shall fail, neglect, or refuse to pay and remit the Balance to Substitute Trustee in certified funds within forty-five (45) days of the conclusion of the auction and offer for public sale of the Property, then in addition to any other equitable or legal remedies available to Substitute Trustee, Substitute Trustee shall have the authority and right, but not the obligation, to declare Purchaser’s right to purchase the Property as cancelled and terminated and the Deposit and the Purchaser’s Premium irrevocably forfeited by Purchaser, in which event, Purchaser shall have no claim to or demand on the Deposit or the Purchaser’s Premium, the Deposit shall be the property of Substitute Trustee to apply, distribute, or use as Substitute Trustee shall elect for the benefit of Secured Party, the Purchaser’s Premium shall be the property of Auctioneer as a commission or compensation for further advertising and marketing the auction and offer for public sale of the Property, and Substitute Trustee shall have no further obligations to Purchaser. In addition, Substitute Trustee shall have the further authority and right, but not the obligation, in Substitute Trustee’s sole discretion, to (a) retroactively accept the next best and highest bid for the Property at the auction and offer for public sale of the Property or (b) resell the Property, and apply, credit, or utilize the Deposit to pay and satisfy the charges, costs, expenses, and fees associated with or attendant to the resell of the Property. In the event of such a failure, neglect, or refusal by Purchaser, Purchaser shall be liable and obligated for the payment of any deficiency in the purchase price resulting from the acceptance of the next best and highest bid for the Property at the auction and offer for public sale of the Property or the resell of the Property, all charges, costs, expenses, and fees of both the initial auction and offer for public sale of the Property and any resell of the Property, all charges, costs, expenses, and fees, including, without limitation, reasonable charges, costs, expenses, and fees of legal counsel, of Substitute Trustee and Secured Party, and all compensatory, consequential, and incidental damages incurred, suffered, or sustained by Substitute Trustee and Secured Party. In the event that the resell of the Property shall result in a purchase price in excess of the purchase price bid by Purchaser, Purchaser shall be deemed to have irrevocably and unconditionally released, relinquished, and waived any and all claims and rights to any such excess amount and shall not be entitled to any distribution whatsoever from the proceeds resulting from the resell of the Property.

In the event that Substitute Trustee shall be unable to convey or transfer the Property to Purchaser for any reason, Purchaser’s exclusive and sole remedy, in equity and at law, shall be the refund of the Deposit and Purchaser’s Premium, without the accrual of interest, and Purchaser shall be deemed to have absolutely and irrevocably discharged, released, and waived any and all other remedies and rights against Substitute Trustee and Secured Party.

Substitute Trustee shall have the authority and right to adjourn, continue, or postpone the auction and offer for public sale of the Property by public announcement at the time and place designated for such auction and offer for public sale or the posting of notice at the Preston County Courthouse prior thereto or at any further adjournment, continuance, or postponement thereof or the posting of notice at the Preston County Courthouse prior thereto.

Substitute Trustee shall have the authority and right to reject any bid or bids which Substitute Trustee, in his absolute and sole discretion, shall deem inadequate.

The proceeds of the sale of the Property shall be applied as required by the Security Instrument.

Inquiries to Substitute Trustee or Secured Party should be directed to:

Robert Louis Shuman
Reeder & Shuman
256 High Street
Post Office Box 842
Morgantown, West Virginia 26507-0842
304-292-8488

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