TERMS OF SALE



1) The property will be conveyed in “As Is” physical condition by Trustee’s Deed in the form prescribed by W. Va. Code § 38-1-6, containing no warranty, express or implied, and further subject to all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-way, easements, covenants, conveyances, and conditions of record in the Clerk’s office or affecting the subject property.

2) Sale of the Property will be made by the Trustee, by public auction to the highest bidder. The Trustee reserves the right to reject any bid that in his opinion is inadequate.

3) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code Section 11–22–1.

4) The Purchaser is also required to pay and remit to Substitute Trustee or the auctioneer engaged by the Beneficiary to further advertise and market the public auction and offer for sale of the Property (“Auctioneer”), in cash or non-certified funds, a premium equal to ten percent (10%) of the Purchase Price (“Purchaser’s Premium”). The Purchaser’s Premium will not be applied to or credited against the Purchase Price and is being paid to Auctioneer by Purchaser as Auctioneer’s commission or compensation for further advertising and marketing the public auction and offer for sale of the Property in addition to and atop of the Purchase Price.

5) The Beneficiary and/or Servicer of the Deeds of Trust, Line of Credit Deed of Trust, and/or Note, reserves the right to submit a bid for the Property at sale and 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.

6) The Beneficiary of the Deeds of Trust does not make any representations or warranties as to the physical condition of the Real Estate.

7) The Trustee reserves the right to continue the sale of the subject Property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee.

8) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property. Any and all legal procedural requirements to obtain physical possession of the Property after the sale are the responsibility of the purchaser. Risk of loss or damage will be the purchaser's from and after the date of the foreclosure sale.

9) 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 Property. 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.

10) The total purchase price is payable to the Trustee by cashier’s check, cash, or the equivalent within thirty (30) days of the date of sale with ten percent (10%) of the total purchase price payable to the Trustee at sale, or on the date of the sale, by cashier’s check, cash or the equivalent. The Trustee reserves 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 Trustee and the bidder in advance of the sale. If the successful bidder fails to deliver the total purchase price within the prescribed time, the Trustee may proceed to re-sell the Property pursuant to the Deeds of Trust or, at the discretion of the Trustee, convey the Property to the next highest bidder if such bidder will honor his or her bid.