TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustees, in their reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
1. Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
2. Any statutory lien or liens that may affect the subject Real Property;
3. All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject Real Property;
4. All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein.
5. The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee’s Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
6. All of the Real Property to be sold will be sold “AS IS, WHERE IS” in the present condition and with all faults and defects, if any, and without any warranty or representation, express or implied. The Successor Trustees shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustees will deliver a trustees’ deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustees make no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustees are unable to convey insurable or marketable title to the purchaser for any reason, purchaser’s sole remedy is return of deposit.
7. The undersigned Successor Trustees expressly reserve the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
8. The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
9. The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
10. The Trustee’s sale is subject to post-sale confirmation that the Grantor under the Deed of Trust has not filed for bankruptcy protection before the conclusion of bidding, in which case the Trustee’s sale will be null and void and the purchaser’s sole remedy, at law or in equity, will be return of its earnest money deposit without interest.
11. The Trustees’ sale shall be open to online bidders.
12. A 10% buyer’s premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer’s premium plus an additional 10% of its bid on the day of the sale (the “Good Faith Deposit”), with the balance to be paid in cash at closing within 14 days after the date of sale.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Charles B. Dollison or Zachary J. Rosencrance, Successor Trustees, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347 1100.
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
5546 Benedum Drive Shinnston West Virginia 26431
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