Secured Party Real Estate Auction
Wednesday, April 15th 11:00AM
Registration begins at 10:30AM
AUCTION AT THE MON COUNTY COURTHOUSE
3200 Collins Ferry Rd
Morgantown, WV 26505
PRIME COMMERCIAL PROPERTY
SUBJECT 1: Real Estate
This versatile commercial property offers a prime investment opportunity in a high-traffic Morgantown location. With multiple income-producing possibilities and flexible layout options, this property is well-suited for investors, business owners, or developers.
Property Highlights:
4,436± Sq. Ft.
Built in 1962 | Renovated in 2005
122± Ft. of Road Frontage on Collins Ferry Rd.
Zoned B-1 (Business/Professional)
30 Parking Spaces
Upper-Level Features:
Kitchen space (ideal for food service or catering operations)
Dining area with access to an outdoor patio
Retail/storefront space suitable for various commercial uses
Lower-Level Features:
Garage space
Potential for two additional storefront units
Excellent opportunity for additional rental income or business expansion
Opportunity:
This property offers a unique combination of existing usability and future upside, with multiple units that can be leased or owner-occupied. Strong visibility and accessibility make it ideal for a variety of commercial applications.
District 15 Map 55 Parcel 32.1
SUBJECT 2: Chattel Property
Restaurant Seating and Fixtures
Quartz Countertop Tables:
(6) 2’ x 2’ tables
(5) 3’ x 4’ tables
(1) 3’ x 6’ table
Metal Tables:
(4) Small square black metal tables
(2) 2’ round black metal tables
Seating:
(22) Grey velvet custom chairs with gold-colored accents
(10) Pink/Mauve velvet custom chairs with gold-colored accents
Chattel property sold separately from real estate
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 “Robert J. Dobkin, 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 Friday, May 15, 2026.
3. Prospective purchasers are advised that the Secured Party holds security interests in some or all of the tangible personal property, equipment, and inventory (collectively, the “Tangible Personal Property”) located at, in, and upon the Real Estate. Such Tangible Personal Property is not included in the sale of the Real Estate. The Real Estate will be sold subject to a separate auction of the Tangible Personal Property (the “TPP
Auction”) to be conducted by Joe R. Pyle Complete Auction & Realty Service (the “Auctioneer”) on behalf of the Secured Party at the Monongalia County Courthouse immediately following the sale of the Real Estate on Wednesday, April 15, 2026. By submitting a bid for the Real Estate, each bidder expressly acknowledges and agrees that:
a. The Secured Party and its agents and representatives, including but not limited to the Auctioneer and its agents, employees, and contractors, along with the purchaser(s) of the Tangible Personal Property (the “TPP Purchaser(s)”), shall be permitted access to the Real Estate for removal of purchased items and completing any necessary post-TPP Auction activities.
b. The purchaser of the Real Estate shall take title to the Real Estate subject to the rights of access and use herein described, and shall not interfere with the exercise of such rights or the TPP Auction process, and shall refrain from removing, damaging, or altering any of the Tangible Personal Property following the conclusion of the TPP Auction; provided that the Secured Party and the Auctioneer shall take reasonable steps to avoid unnecessary disruption or damage to the Real Estate.
c. The purchaser of the Real Estate shall hold harmless the Secured Party, the Auctioneer, and their respective employees, contractors, and agents for any damage to the Real Estate.
d. The purchaser of the Real Estate shall bear no responsibility for any costs associated with securing or safeguarding the Tangible Personal Property following the conclusion of the TPP Auction, nor shall such purchaser of the Real Estate bear any obligation for the care, maintenance, or security of the Tangible Personal Property.
e. The Secured Party and the Auctioneer shall endeavor to complete the removal of the Tangible Personal Property from the Real Estate within a reasonable period of time, not to exceed sixty (60) days following April 15, 2026.
f. The purchaser of the Real Estate shall be responsible for compliance with all applicable laws, including West Virginia Code § 38-1-17 to the extent such statute applies, in the disposal of any items of personal property remaining at the Real Estate following the conclusion of the TPP Auction and removal of the Tangible Personal Property.
4. 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.
5. 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.
6. 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.
7. The Real Estate may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion.
8. The Successor Trustee reserves the right to accept or reject any bids.
9. 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.
10. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem
real property taxes against the Real Estate.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
(888) 875-1599
5546 Benedum Drive Shinnston West Virginia 26431
www.joerpyleauctions.com
Charlotte Pyle WV2174
Alan Heldreth WV2224
Jordan Kiger WV2246
Bob Stewart, Jr WV825
Bob Stewart, III WV1292
Todd Short WV1649
Tia Wolski WV2351
Ethan Moore WV2354
Taylor Ramsey WV2352
Nick Dawkins WV2410
Bud Shingleton WV1956
Colton McCown WV2463
Garrett Wilkerson WV2541A
Thomas Heldreth WV2520A
John Powell WV2481A
Taylor Self WV2521A
Kevin Zakariasen WV2482A
Brooke Patterson WV2536A
Carter Walker WV2542A
