TERMS OF SALE: Ten percent (10%) of the sales price shall be paid by cash, cashier’s check, or check guaranteed by bank letter of credit in acceptable form, in hand on the day of sale (the "Good Faith Deposit"), with the balance to be paid in cash at closing within 30 days after the date of sale. A 10% buyer’s premium, payable to Joe R. Pyle Complete Auction & Realty, LLC, is also due and payable at the close of the auction. The Subject Property will be sold subject to all prior liens senior in priority to the Deed of Trust, if any, all unpaid real or personal property taxes or assessments, encumbrances and claims in favor of public service districts/municipal sanitary boards, if any, and also further subject to any and all exceptions, reservations, rights of way, easements, conditions, covenants, restrictions, leases and other servitudes recorded in the aforesaid Clerk’s office prior to the Deed of Trust and affecting the Subject Property. The Subject Property shall be sold "AS IS" and "WITH ALL FAULTS." The Substitute Trustee shall not be liable for any representations or warranties respecting the physical condition, size or characteristics of the Subject Property. Conveyance shall be by special warranty deed, and purchaser shall pay for all transfer stamps, recording fees, and other closing costs.
The risk of loss or damage to the Subject Property shall be borne by the foreclosure purchaser from and after the bid strikedown at the time of sale. The Substitute Trustee will not deliver possession of the Subject Property to the foreclosure purchaser, who shall be solely responsible for obtaining possession of the Real Property. Further, the Substitute Trustee shall be under no duty to cause any existing tenant or person occupying the Subject Property to vacate said property, and any personal property and/or belongings remaining at the Subject Property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.
Pursuant to the express terms of the Deed of Trust, the Substitute Trustee may act by agent in the execution of the sale and Joe R. Pyle Complete Auction and Realty Limited Liability Company will assist with the sale as auctioneer. Any sale hereunder may be adjourned from time to time without notice other than oral proclamation at the time and place appointed for the sale. The Substitute Trustee reserves the right to reject any or all bids. The party secured by the Deed of Trust reserves the right to purchase the property at such sale.
Additional terms and conditions shall be announced at the sale.
At public sale any person or entity may bid and may purchase any real estate sold if they be the highest bidder. If the real estate is sold for an amount in excess of the outstanding balance of the mortgage, together with all interest, unpaid real estate taxes and costs, said excess must be used to satisfy any other encumbrances on said property and after all said encumbrances are satisfied together with all interest and costs, any excess then remaining must be paid to the Grantor. If the Grantor or any person holding an encumbrance cannot be found after a diligent search, the money shall be paid into the Circuit Court of the county for the benefit of the Grantor or the holder of any such encumbrance.
In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer.
JOE R. PYLE COMPLETE AUCTION & REALTY SERVICE
Joe R. Pyle, Broker
5546 Benedum Drive Shinnston West Virginia 26431
Joe R Pyle WV212
Charlotte Pyle WV2174
Alan Heldreth WV2224
Jordan Kiger WV2246
Bob Stewart, Jr WV825
Bob Stewart, III WV1292
Todd Short WV1649
Tia Wolski WV 2351
Joe Panico WV 2353
Ethan Moore WV 2354
Taylor Ramsey WV2352
Joe Panico WV WV2353
Nick Dawkins WV2410A