NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE and Notice of the Beneficiary/Servicer's election to sell property is hereby given pursuant to and by virtue of the authority vested in the Trustee by that certain Deed of Trust dated February 28, 2019, executed by Theodore E. Miller to Lisa M. Moye, Trustee, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4351, at Page 752. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated February 10, 2025, of record in the Clerk's Office in Book 4733, at Page 73. The borrower defaulted under the Note and Deed of Trust and the Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Trustee will sell the following described properties to the highest bidder at the front door of the Courthouse of Kanawha County, in Charleston, West Virginia, on: THURSDAY, DECEMBER 4, 2025, AT 10:10 A.M. All that certain lot, tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on Rocky Fork Road, Union District, Kanawha County, West Virginia, as shown on that certain map or plat entitled, "Plat Of Survey Showing Property To Be Conveyed To David L. & D. Joyce Southall Being A 0.381 Ac. Tract Situate In Union District Kanawha Co., West Virginia." dated October 1, 1980, as prepared by George A. Cicoff, P.E., duly of record in the Office of the Clerk of the County Commission of Kanawha County West Virginia, in Deed Book 1959 at page 506, and being more particularly bounded and described as follows: BEGINNING at an iron pipe set in the southerly right of way line of Kanawha Co. Route 5 also known as Big Tyler Road corner to a 21 foot wide concrete road, thence towards Rocky Fork Creek S. 49 50' W. 224.99 feet to a point; thence in an upstream direction N. 41 19' W. 61.95 feet to an iron pipe; thence N. 41 30' E. 205.00 feet to an iron pipe in said right of way; thence following said right of way S. 52 39' E. 94.20 feet to the point of beginning, containing 0.381 acres, more or less. And being the same property conveyed unto Theodore E. Miller by H.E.M.I. LLC, a West Virginia limited liability company, also known as HEMI, LLC, by Deed dated the February 28, 2019, of record in the Clerk's Office in Book 3025, at Page 715. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 5051 Big Tyler Road, 26 Valley Hill Drive, 40 Valley Hill Drive, Cross Lanes, WV 25313. TERMS OF SALE: 1) The property will be conveyed in an "AS IS" physical condition by Deed containing no warranty, express or implied, subject to the Internal Revenue Service right of redemption, all property taxes, prior Deeds, liens, reservations, encumbrances, restrictions, rights-of-ways, easements, covenants, conveyances and conditions of record in the Clerk's office or affecting the subject property. 2) The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code 11-22-2. 3) The Beneficiary and/or the Servicer of the Deed of Trust and Note reserve the right to submit a bid for the property at sale. 4) The Trustee reserves the right to continue sale of the subject property from time to time by written or oral proclamation, which continuance shall be in the sole discretion of the Trustee. 5) The Trustee shall be under no duty to cause any existing tenant or person occupying the property to vacate the property, and any personal property and/or belongings remaining at the property after the foreclosure sale will be deemed to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY. 6) The total purchase price is payable to the Trustee by cashier's check, cash or money order within thirty (30) days of the date of sale, with a minimum deposit of $10,000.00 payable to the Trustee by cashier's check, cash or money order at the time and place of the sale. Given under my hand this 12th day of March 2025. BAILEY & SLOTNICK, PLLC, TRUSTEE By: Marc J. Slotnick, Member 500 Virginia Street East, Suite 600 Charleston, West Virginia 25301 Phone: (304) 346-1800 WV State Bar No. 5956 LC-379704 11-25/12-02;2025