TERMS OF SALE:

1. A buyer’s premium equal to ten percent (10%) of the successful bid amount will be added to the successful bid amount to determine the contract sale price (the “Contract Sale Price”).

2. Cash in hand on the day of sale. The successful bidder shall tender to the Successor Trustee on the day of sale a deposit in the amount of Ten Thousand and 00/100 Dollars ($10,000.00) by certified or cashier’s check payable to “Gerald E. Lofstead III, Successor Trustee.” Such deposit is NON-REFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the Contract Sale Price must be paid to the Successor Trustee by certified or cashier’s check or electronic funds transfer no later than 5:00 p.m. EDT on Monday, July 6, 2026.

3. Upon conclusion of the sale of the Real Estate, a Memorandum of Sale will be executed confirming the sale of the Real Estate, the Contract Sale Price, the Terms of Sale, and the purchaser’s agreement to comply fully therewith. Time is of the essence.

4. If the purchaser fails to deliver the Contract Sale Price within the prescribed time, at the Successor Trustee’s sole discretion, the Successor Trustee may either (a) file suit to enforce specific performance or seek breach of contract or other applicable damages; (b) convey the Real Estate to the next highest bidder if such bidder will honor his, her or its bid; or (c) proceed to resell the Real Estate pursuant to the aforesaid Deed of Trust. In the event of such a default, the defaulting purchaser shall forfeit his, her or its deposit and shall be liable to the Secured Party for the payment of any deficiency in the purchase price resulting therefrom, all costs and expenses of any subsequent sale, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event that a resale of the Real Estate results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser shall not be entitled to return of his, her or its deposit, and waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds.

5. The Secured Party reserves the right to bid on the Real Estate at the sale, which bid may be in the form of a credit bid. The Secured Party shall not be required to post a deposit.

6. The Real Estate may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.

7. The Successor Trustee reserves the right to accept or reject any bids.

8. The Real Estate will be sold subject to any and all assessments and taxes against the Real Estate; all prior liens and encumbrances of any nature whatsoever; and the Internal Revenue Service’s right of redemption, if any.

9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Real Estate.

10. The purchaser shall be responsible for the payment of the transfer taxes imposed by West Virginia Code § 11-22-2 and all other settlement costs and costs incidental to transfer of the Real Estate. Taxes and all other public charges and assessments outstanding against the Real Estate shall be paid by purchaser at settlement.

11. The Real Estate is being sold in “AS IS” condition. The Successor Trustee makes no representations or warranties of any kind or character including, but not limited to, the condition or zoning of the Real Estate, fitness of the Real Estate for any particular purpose, or the title to the Real Estate to be conveyed. Prospective purchasers must perform such independent investigations with respect to the Real Estate as they deem necessary prior to bidding on the Real Estate.

12. The purchaser is responsible for, and the Real Estate is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Real Estate and to any governmental requirements affecting the same. The Real Estate will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, filed and unfiled mechanics’ and materialmen’s liens, covenants, conditions, rights of redemption, liens and all other encumbrances having priority over the aforesaid Deed of Trust, if any, lawfully affecting the Real Estate, whether or not of record, including but not limited to environmental conditions (including without limitation possible wetlands, riparian rights, critical or protected areas, and the presence of protected or endangered species) and all applicable federal, state and local laws, ordinances and regulations lawfully affecting the Real Estate.

13. 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 West Virginia Code § 38-1-6 upon receipt of the full Contract Sale Price in good and available funds.

14. If the Successor Trustee fails, refuses or for any reason is unable to convey title to the Real Estate, the sole remedy of the purchaser is the return of any deposit actually paid by the purchaser to the Successor Trustee. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition by the grantor prior to the sale or reinstatement or payoff of the loan secured by the Real Estate without the knowledge of the Successor Trustee. If the validity of the sale is challenged by a party in interest, the Successor Trustee, in his sole discretion, may declare the sale to be void and return the deposit. Purchaser shall have no further remedy.

15. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Estate to vacate. Prospective purchasers are hereby advised that the rights of any existing tenants or persons occupying the Real Estate may be covered by the provisions of the federal Protecting Tenants at Foreclosure Act and West Virginia Code § 38-1-16.

16. The Successor Trustee reserves the right to (i) modify or waive the requirements for bidder’s deposits and terms of sale and/or settlement, (ii) withdraw the Real Estate from sale, (iii) reject any and all bids, and (iv) to adjourn the sale of the Real Estate for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described above.

17. Announcements made on the day of sale take precedence over all prior communications, both verbal and written, concerning the sale of the Real Estate, including, but not limited to, these Terms of Sale.

10% buyer’s premium 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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