Public Notice

NOTICE OF
SUCCESSOR TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN THAT:
By virtue of that certain Deed of Trust dated May 8, 2018, made, executed, and granted by FREEMAN RACE ENGINES, LLC to JOHN E. GOMPERS as Trustee for the benefit of MAIN STREET BANK (the “Original Beneficiary”), and recorded in the office of the Clerk of the County Commission of Brooke County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 573, at Page 41 (the “Deed of Trust”), and that Assignment of Deed of Trust and Promissory Note dated January 30, 2026, from the Original Beneficiary to CHARLES STREET HOLDINGS, LLC, a West Virginia limited liability company (the “Secured Party”), recorded in the Clerk’s Office in Deed of Trust Book 654, at Page 738, 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 Trustee dated April 8, 2024, and recorded in the Clerk’s Office in Deed of Trust Book 639, at Page 173, the undersigned Successor Trustee will sell the following described real estate which is purported to have an address of 1101 Charles Street, Wellsburg, West Virginia 26070 (the “Real Estate”), at public auction to the highest bidder on
WEDNESDAY, JUNE 10, 2026, AT 10:00 A.M.
ON-SITE at 1101 Charles Street, Wellsburg, West Virginia 26070:
The following described real estate located in City of Wellsburg, Brooke County, West Virginia, to wit:
That certain parcel of land situated in the City of Wellsburg, Brooke County, West Virginia, being all the east 2/3 of the certain lot or parcel of land in said City of Wellsburg, West Virginia, known and designated as No. 81 in the General Plan of said City, to the plat of which reference is hereby made, which plat is recorded in the Office of the Clerk of the Brooke County Commission in Deed Book 20, at Page 113; the said fraction of lot hereby conveyed is bounded on the north by Lot No. 82, on the east by Charles Street, on the south by Eleventh Street, on the west by the west one-third of said Lot No. 81.
BEING the same property as that conveyed to Freeman Race Engines, LLC, by Deed of Ralph E. Morgan, dated May 8, 2018.
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. Section 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 a NON-REFUNDABLE deposit in the amount of Ten Thousand Dollars ($10,000.00) to the Successor Trustee by certified or cashier’s check or electronic fund transfer payable to the Successor Trustee at the time of sale. Such deposit shall be NONREFUNDABLE, except as expressly provided by these Terms of Sale. The remaining balance of the successful bid amount (the “Contract Sale Price”) must be paid to the Successor Trustee by certified or cashier’s check or electronic fund transfer no later than Friday, July 10, 2026. Time is of the essence.
2. Prospective purchasers are advised that the Secured Party holds a security interest 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”), which auction is anticipated to occur at the Real Estate within sixty (60) days 2. following June 10, 2026. By submitting a bid for the Real Estate, each bidder expressly acknowledges and agrees that:
a. The Secured Party, its agents, and representatives, including the auctioneer, 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 and participation in the TPP Auction.
b. The Secured Party, TPP Bidders, and 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 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 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, 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 obligation for the care, maintenance, or security of the Tangible Personal Property, nor for any costs associated with securing or safeguarding the Tangible Personal Property pending the conclusion of the TPP Auction.
f. The Secured Party 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 June 10, 2026.
g. The purchaser of the Real Estate shall be responsible for compliance with all applicable laws, including West Virginia Code Section 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, a Memorandum of Sale will be executed reflecting the sale of the Real Estate, the Contract Sale Price, and the purchaser’s agreement to comply fully with its terms. Time is of the essence.
4. If the purchaser fails to deliver the Contract Sale 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 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.
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 said property; 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 Section 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 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’ 12. 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 Section 38-1-6 upon receipt of the Contract Sale 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 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 Section 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) adjourn the sale, for a time, or from time to time, without further notice, by announcement made at the time and place of the sale described herein.
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 May 19, 2026.
/s/ Robert J. Dobkin
ROBERT J. DOBKIN
Successor Trustee Spilman Thomas & Battle, PLLC
P. O. Box 831
Wheeling, West Virginia 26003
(304) 230-6950
INTEL – May 22, 29, 2026