There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 38. LIENS.
ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.
§38-1-7. Application of proceeds.
§38-1-7. Application of proceeds. The trustee shall apply the proceeds of sale, first to the payment of expenses attending the execution of the trust, including a commission to the trustee of five percent on the first three hundred dollars, and two percent on the residue of the proceeds, and shall apply the balance of such proceeds pro rata (or in the order of priority, if any, prescribed by the trust deed) to the payment of the debts secured and the indemnity of the sureties indemnified by the deed, and shall pay the surplus, if any, to the grantor, his heirs, personal representatives or assigns, as their interests may appear.
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