NOTICE OF SUCCESSOR TRUSTEE’S SALE NOTICE IS HEREBY GIVEN THAT: By virtue of that certain Credit Line Deed of Trust and Fixture Filing dated August 3, 2018, made, executed, and granted by APPALACHIAN DISTILLERY LLC, a West Virginia limited liability company, to JOYCE F. OFSA as Trustee for the benefit of WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY, a West Virginia public corporation (the “Secured Party”), and recorded in the office of the Clerk of the County Commission of Jackson County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 673 at Page 924 (the “Deed of Trust”), default in the performance of the obligations thereby secured having occurred, and pursuant to the terms thereof and to the written request of the holder of the indebtedness thereby secured, and further pursuant to the authority granted to the undersigned by that certain Appointment of Successor Trustees dated January 23, 2025, and recorded in the Clerk’s Office in Deed of Trust Book 757, at Page 484, the undersigned Successor Trustee will sell the following described real estate which is purported to have an address of 3875 Cedar Lakes Drive, Ripley, West Virginia 25271 (the “Real Estate”), at public auction to the highest bidder on Thursday, February 12, 2026, at 12:00 p.m. on site at 3875 Cedar Lakes Drive, Ripley, West Virginia 25271: All of that certain lot, tract or parcel of real estate, situate, lying and being in the County of Jackson County, West Virginia, on the waters of Grass Lick, Ripley District, more particularly bounded and described as follows: Beginning at a 5 8 inch iron rod set inside the parent tract (S. 16 deg. 04′ 38′ W. 1,192.78 feet from an iron rod found and N. 73 deg. 18′ 42″ W. 69.88 feet from an iron rod found); thence with new lines through the parent tract S. 06 deg. 41′ 56″ W. 94.81 feet to a 5/8 inch iron rod set on the northerly edge of right of way to Golden Drive; thence with Golden Drive for the next eight (8) bearings and distances, to-wit: (1) S. 70 deg. 07′ 17″ W. 61.41 feet to a point; thence (2) S. 70 deg. 14′ 24″ W. 93.94 feet to a point; thence (3) S. 68 deg. 01′ 21″ W. 92.45 feet to a point; thence (4) S. 65 deg. 16′ 29″ W. 85.40 feet to a point; thence (5) S. 60 deg. 03′ 00″ W. 75.57 feet to a point; thence (6) S. 57 deg. 27′ 22″ W. 86.59 feet to a point; thence (7) S. 58 deg. 49′ 28″ W. 74.88 feet to a point; thence (8) S. 59 deg. 10′ 27″ W. 39.34 feet to a 5/8 inch iron rod set; Thence leaving said road right of way for the next six bearings and distances, to-wit: (1) N. 01 deg. 36′ 38″ E. 590.83 feet to a 5/8 inch iron rod set; thence (2) N. 72 deg. 59′ 57″ E. 137.84 feet to a 5/8 inch iron rod set; thence (3) S. 18 deg. 20′ 33″ E. 103.74 feet to a 5/8 inch iron rod set; thence (4) S. 33 deg. 16′ 32″ E. 65.43 feet to a 5/8 inch iron rod set; thence (5) S. 42 deg. 55′ 25″ E. 69.34 feet to a 5/8 inch iron rod set; thence (6) S. 77 deg. 10′ 46″ E. 300.13 feet to the place of beginning, containing 4.00 acres, more or less A plat of the above described real estate prepared by John M. Giles, Licensed Professional Surveyor, dated December 5, 2017, revised July 26, 2018, is to be placed of record in the Office of the Clerk of the County Commission of Jackson County, West Virginia, reference to said plat being herein made for a more particular description of the real estate herein described. This is part of the same real estate conveyed unto Jackson County Livestock Market, Inc., a corporation, by Ida Kathryn Smith Johnston and others, by deed dated April 6, 1973, of record in the office of the Clerk of the County Commission of Jackson County, West Virginia, in Deed Book 212 at Page 357. Thereafter, by deed dated July 10, 2002, of record in the aforesaid Clerk’s Office in Deed Book 362, page 868, Jackson County Livestock Market, Inc. a West Virginia Corporation, conveyed the parent tract of real estate unto Jackson County Livestock Auction, LLC, a West Virginia Limited Liability Company. Thereafter, by deed dated July 30, 2018, not yet of record in the aforesaid Clerk’s Office, but to be recorded simultaneously herewith, Jackson County Livestock Auction, LLC, a West Virginia Limited Liability Company conveyed the above described real estate unto Appalachian Distillery LLC, a West Virginia Limited Liability Company. There is further granted and conveyed that certain 30 foot wide non-exclusive right of way and easement for purposes of ingress and egress from Old Route 21, commonly known as Cedar Lakes Road, where the same is presently located and traveling from said Old Route 21 in a southerly direction to the above described tract of real estate, and for the installation, repair, replacement, maintenance and removal of any and all utilities, said right of way not being shown on the aforesaid plat. There is further granted and conveyed that certain 30 foot wide non-exclusive right of way and easement for purposes of ingress and egress from Old Route 21 over and across Golden Drive to the above described parcel of real estate, and for the installation, repair, replacement, maintenance and removal of any and all utilities, said right of way being more particularly set out and shown on the aforesaid plat, reference to said plat being herein made for a more particular description of the same. There is NOT to be conveyed herein that certain road system situate, lying and being to the west of the aforesaid real estate and shown on the aforesaid plat, said road system being erroneously set out and shown on said plat. It is intended that the aforesaid real estate shall have two rights of way and easements for ingress, egress and utility services, the first to serve said real estate from the northern boundary line and the second to be from Golden Drive to the aforesaid real estate. This conveyance is made subject to all oil, gas and other mineral reservations as made by predecessors in the chain of title and to all valid and existing rights of way and easements and any and all restrictive and protective covenants appearing of record. The sale shall be made subject to any and all easements, rights-of-way, exceptions, reservations, restrictions, covenants, conditions, leases, liens, or encumbrances affecting title to the Real Estate, and further to any state of facts that would be disclosed by or apparent upon an inspection or an accurate survey of the Real Estate; provided, however, that any such restriction, covenant or condition indicating a preference, limitation or discrimination based on race, color, religion, sex, marital status, ancestry, disability, handicap, familial status or national origin is hereby deleted to the extent such restriction, covenant or condition violates 42 U.S.C. 3604(c). The sale shall further be made subject to accrued and unpaid ad valorem real property taxes upon the Real Estate, for which the purchaser will be responsible. The Successor Trustee makes no representations or warranties as to the validity or priority of such liens, taxes, encumbrances and other matters, if any. TERMS OF SALE: 1. 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 purchase 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 Monday, March 16, 2026. 2. Prospective purchasers are advised that both the Secured Party and Partner Community Capital, Inc., formerly Natural Capital Investment Fund, Inc. (“PCAP”), hold 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 and PCAP at the Real Estate immediately following the sale of the Real Estate on Thursday, February 12, 2026. By submitting a bid for the Real Estate, each bidder expressly acknowledges and agrees that: a. The Secured Party and PCAP, as applicable, and each of their respective agents, and representatives, including but not limited to the Auctioneer and its agents, employees, and contractors, shall have the right to conduct the TPP Auction of the Tangible Personal Property at the Real Estate, and prospective bidders for the Tangible Personal Property (the “TPP Bidders”) shall be permitted access to the Real Estate for inspection of the Tangible Personal Property, participation in the TPP Auction, and removal of the Tangible Personal Property following the conclusion of the TPP Auction. b. The Secured Party, PCAP, Auctioneer, TPP Bidders, and each of their respective agents shall have a right of access to the Real Estate for purposes of setting up and conducting the TPP Auction, removing purchased items, and completing any necessary post-TPP Auction activities. c. 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 Secured Party’s or PCAP’s rights or the TPP Auction process, and shall refrain from removing, damaging, or altering any of the Tangible Personal Property pending the conclusion of the TPP Auction; provided that the Secured Party, PCAP, and the Auctioneer shall take reasonable steps to avoid unnecessary disruption or damage to the Real Estate. d. The purchaser of the Real Estate shall hold harmless the Secured Party, PCAP, the Auctioneer, and their respective employees, contractors, and agents for any damage to the Real Estate. e. The purchaser of the Real Estate shall bear no responsibility for any costs associated with securing or safeguarding the Tangible Personal Property pending the conclusion of the TPP Auction, nor shall such purchaser of the Real Estate shall bear any obligation for the care, maintenance, or security of the Tangible Personal Property. f. The Secured Party, PCAP, and the Auctioneer shall endeavor to conduct the TPP Auction in a commercially reasonable manner and 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 February 12, 2026. g. 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. 3. Upon conclusion of the sale of the Real Estate, a Memorandum of Sale will be executed reflecting the sale of the Real Estate, the purchase price, the Terms of Sale, and the purchaser’s agreement to comply fully therewith. Time is of the essence. 4. If the purchaser fails to deliver the purchase 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. 5. 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. 6. The Real Estate may be sold either as a whole or in parcels in the Successor Trustee’s sole discretion. 7. The Successor Trustee reserves the right to accept or reject any bids. 8. 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. 9. The purchaser shall be responsible for the payment of any accrued and unpaid ad valorem real property taxes against the Real Estate. 10. 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. 11. 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. 12. 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. 13. 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 purchase price in good and available funds. 14. 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. 15. 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. 16. 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. 17. 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. Given under my hand on January 12, 2026. /s/ Robert J. Dobkin ROBERT J. DOBKIN Successor Trustee Spilman Thomas & Battle, PLLC P. O. Box 831 1233 Main Street, Suite 4000 Wheeling, West Virginia 26003 (304) 230-6959
SPILMAN THOMAS & BATTLE (WD)
PO BOX 831
ATTN: W. ERIC GADD, ESQ.
WHEELING
WV
26003
304-230-6977
ID: 1497204
