TERMS OF SALE: I. Cash in hand on day of sale or within 30 days of date of sale upon terms to be agreed upon between Trustee and successful bidder, time being of the essence; payment for unpaid real estate taxes to be assumed by the purchaser. The Trustee does not warrant title or fitness to this property; it is being purchased as is; this is a buyer beware sale and any buyer is advised to retain counsel before the sale. If there is any part of the process of sale which is found to be objectionable, the Trustee reserves the right to cancel sale. No purchaser should take possession or make improvements in the premises until the Trustee deed is delivered or recorded. A third party purchaser at sale will be required to pay the purchase price plus all recording and transfer fees. 2. FEDERAL TAX LIEN: 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. 3. The party(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder, or to reject any and all bids. 4. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamations at the time and place appointed for this sale or by posting of a notice of same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. In the event of any defect in notices for this sale, be discovered prior to the delivery of the Trustee's Deed, the Trustee may cause the re-advertisement and sale. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. 5. The lender and the Trustee reserve the right to engage the services of a professional auctioneer to assist in the marketing of this sale. In such instances, a Buyer's premium may be charged to the successful bidder. 6. The sale is subject to unpaid ad valorem taxes and assessments, if any, whether billed or not, including those redeemable from the WV Auditor. 7. The holder of the indebtedness secured by the Deed of Trust reserves the right to bid at sale. 8. The successful bidder at sale will be responsible for paying any and all transfer stamps, excise fees and recording costs with respect to the Trustee's Deed. 9. Neither the owner of the indebtedness secured by the underlying Deed of Trust nor the Trustee shall have any duty to cause any existing tenant or person or persons occupying the subject property to vacate said property. 10. Any personal belongings remaining in the subject premises after sale shall be deemed abandoned and may thereafter be disposed of at the successful bidder's or bidders discretion. Any person or entity claiming ownership of or any interest in any such personal property should contact the undersigned prior to sale about any such claim. 11. The successful bidder and the Trustee shall execute a memoranda of sale at the conclusion of the sale and the terms therein shall control, subject to the terms included in this notice. 12. The property sold and improvements thereon are sold "AS-IS-WHERE-IS" with no warranty expressed or implied. Prospective Bidders shall rely upon their own inspections and not on any representations made by the holder of the indebtedness or the Trustee. 13. This sale is subject to the provisions of West Virginia Code 38-1-16 regarding any existing tenancy (leasehold) at the premises. Should and party have inquiries, objections to the sale or protests regarding the sale, or requests regarding the sale, please notify the trustee by one of the means of communications set forth below. ROBERT K. TEBAY, III, TRUSTEE 331 Juliana Street Parkersburg, WV 26101 Telephone (304)422-3110 Fax (304)422-1933 E-mail: tebaylaw@juno.com Our business hours are 8:30 AM-4:30 PM Monday-Friday not including Holidays