TERMS OF SALE: A 10 % buyer’s premium is in effect for this auction and shall be added to the final auction block price to become part of the total contract price. Ten percent (10%) of the total purchase price is payable to the Substitute Trustee at the sale by cash, cashier’s or certified check, or bank letter of credit. The balance of the purchase price is due and payable to the Trustee upon delivery of the deed in cash or its equivalent. The sale must close within twenty (20) days of the date of sale. Upon the successful bidder’s default, the deposit shall be forfeited and the property resold at the risk and costs of the defaulting bidder. In the event the Substitute Trustee cannot convey marketable title, the Substitute Trustee, in its sole discretion, may rescind the sale, and the successful bidder’s sole remedy shall be refund of the deposit. The property shall be sold “as is,” without any warranties as to condition of the improvements, by Special Warranty deed. The successful bidder shall assume the risk of all loss or damage to the property from and after the time of sale. The successful bidder shall be responsible for all costs of the conveyance, including but not limited to the preparation of the deed and payment of the excise tax on the transfer of real estate imposed by West Virginia Code §11-2-1. The sale shall be subject to such additional terms as the Substitute Trustee may announce at the time of sale. The successful bidder will be required to sign a Memorandum of Sale incorporating all terms of the sale. The sale is subject to any and all real property taxes or assessments due or to become due, all applicable subdivision and zoning restrictions, matters of survey, compliance with environmental regulations, and all other pertinent easements, restrictions, reservations, rights-of-way, and conditions of record. The sale is further subject to any mechanic’s liens and/or materialmen’s liens, whether of record or not. The Substitute Trustee reserves the right to reject any and all bids. The beneficiary of the deed of trust reserves the right to submit a bid for the property at the sale. The Substitute Trustee reserves the right, in its sole discretion, to continue the sale from time to time by written or oral proclamation. The Substitute Trustee shall be under no duty to cause any tenant or other person occupying the property to vacate, and any personal property remaining on the premises after the sale shall be deemed abandoned and disposed of accordingly. Contact Kevin Cole at First Community Bank with any questions. Given under my hand this 19th day of November, 2012. Sole and Exclusive venue shall be Mercer County West Virginia. William P. Stafford, II Substitute Trustee