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 March 21, 2022, made, executed, and granted by PANTHERA TRAINING, LLC, a 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 Hardy County, West Virginia (the “Clerk’s Office”), in Deed of Trust Book 338, at Page 845 (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 October 24, 2025, and recorded in the Clerk’s Office in Deed of Trust Book 361, at Page 678, the undersigned Successor Trustee will sell the following described real estate which is purported to have an address of 2506 Fish Pond Road, Old Fields, West Virginia 26845 (the “Real Estate”), at public auction to the highest bidder on
Friday, December 12, 2025, at 11:00 a.m.
at the front door of the Hardy County Courthouse located at 204 Washington Street, Moorefield, West Virginia 26836:
All of those certain lots, parcels and/or tracts of real property situate in Moorefield District, Hardy County, West Virginia, and more particularly identified, bounded and described as follows:
TRACTS ONE and TWO: All those two certain lots, tracts or parcels of real estate, containing 50.04 acres, more or less, and 8.89 acres, more or less, respectively; with said tracts having been referenced in prior Deeds in the chain of title as being a single tract containing 58.09 acres, more or less, together with any and all rights, rights of way, structures, minerals, easements, improvements and appurtenances thereunto belonging, located, about 2.5 miles west of the community of Old Fields and along U.S. Route 48, lying and being situate in the Moorefield District, Hardy County, West Virginia, and with both said tracts being more particularly described by that certain Plat of Survey of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Map Book 9, at Page 166; with said tracts being further described by those certain Descriptions of Survey of record in the aforesaid Clerk’s Office in Deed Book 361, at Page 275 and Page 276, respectively. Reference is hereby made to the said aforementioned Plat of Survey and Descriptions of Survey for a more specific description of the tracts or parcels of real estate.
And both said tracts have been newly formed via a recent survey of a single tract estimated to contain 58.09 acres, more or less, with said original tract being one of two said tracts or parcels of real estate conveyed unto Panthera Training, LLC, a Virginia limited liability company, by that certain Deed from Aaron C. Amore, Chapter 7 Trustee For the Bankruptcy Estate of Panthera Enterprises, LLC, a Delaware limited liability company, with said Deed being dated July 20, 2021, and of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 359, at Page 853. Reference is hereby made to the said aforementioned Deed and to the “Second Tract” therein for any and all pertinent purposes.
And being all the same real estate designated as Parcel 5 on Tax Map 203 in the Moorefield District, Hardy County Assessment records.
TRACT THREE: All that certain tract or parcel of real estate containing 689.40 acres, more or less, inclusive of County Route 220/8, together with any and all rights, rights of way, structures, minerals, easements, improvements and appurtenances thereunto belonging, located 2 miles west of Old Fields and 6 miles north west of the Town of Moorefield on both sides of Fish Pond Road, lying and being situate in the Moorefield District, Hardy County, West Virginia, and being more particularly described by that certain Description of Survey and Plat of Survey of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia in Deed of Trust Book 277, at Page 176 and Page 180, respectively. Reference is hereby made to the said aforementioned Description of Survey and Plat of Survey for a more specific description of the tract or parcel of real estate.
And being the same real estate designated as Parcel 8 on Tax Map 203 in the Hardy County Assessment records.
And being one of two said tracts or parcels of real estate conveyed unto Panthera Training, LLC, a Virginia limited liability company, by that certain Deed from Aaron C. Amore, Chapter 7 Trustee For the Bankruptcy Estate of Panthera Enterprises, LLC, a Delaware limited liability company, with said Deed being dated July 20, 2021, and of record in the Office of the Clerk of the County Commission of Hardy County, West Virginia, in Deed Book 359, at Page 853. Reference is hereby made to the said aforementioned Deed and to the “First Tract” therein for any and all pertinent purposes.
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 “Debra Lee Allen, 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. EST on Monday, January 12, 2026.
2. Prospective purchasers are advised that the Secured Party holds a security interest in some or all of the apparatuses, appliances, machinery, equipment, materials, supplies, and other articles of tangible personal property (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 ninety (90) days following December 12, 2025. 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. Any costs associated with securing or safeguarding the Tangible Personal Property pending the conclusion of the TPP Auction shall remain the responsibility of the Secured Party, and the purchaser of the Real Estate shall bear no obligation for the care, maintenance, or security of the Tangible Personal Property.
e. 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 ninety (90) days following December 12, 2025.
f. The purchaser of the Real Estate shall be responsible for compliance with all applicable federal, state, and local laws, regulations, and ordinances in the disposal of any items of personal property remaining at the Real Estate following the conclusion of the TPP Auction.
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 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 her 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 (a) modify or waive the requirements for bidder’s deposits and terms of sale and/or settlement, (b) withdraw the Real Estate from sale, (c) reject any and all bids, and (d) 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.
Debra Lee Allen
DEBRA LEE ALLEN
Successor Trustee
Spilman Thomas & Battle, PLLC
P. O. Box 776
528 E. Liberty St.
Charles Town, West Virginia 25414
(304) 291-7920
11/19,11/26
