NOTICE OF TRUSTEE'S SALE NOTICE is hereby given by virtue of that certain Deed of Trust executed by ARTHUR J. BYRD, JR., dated the 5th day of January, 2021 , of record in the Office of the County Commission of Kanawha County, West Virginia, in Trust Deed Book 4477, page 874, conveyed unto J. R. Wilson, Trustee; and by virtue of that certain Substitution of Trustee, dated December 4th, 2025, of record in the aforesaid Clerk's Office in Book 4783, page 84, appointing Eric S. Embree in place of stead of, J. R. Wilson, as Trustee, the maker of the note and obligation having failed to pay the same as provided for under the terms of the Note and Deed of Trust and the holder of said Note having declared the balance to be due and payable and having requested the undersigned to make sale of the real estate described in said Deed of Trust, the undersigned will offer for sale and sell at public auction to the highest bidder on the 22nd day of January, 2026 at 10 a.m., at the north front door of the Courthouse of Kanawha County, in Charleston, West Virginia, all of the following described real estate, situate in Jefferson District, Kanawha County, West Virginia, and being two parcels of land, containing 0.438 acre and 0.236 acre; said parcels herein conveyed are shown upon a map entitled, "Map Showing Properties Owned: Charleston Construction, Inc., Deed Book 1484 – 1642 Pages 427 604 Situate: North and Abutting U. S. Rte. 60 at Junction With Austin Drive 1 Mile East From Coal Mountain Jefferson District, Kanawha County, W.V. Surveyed For: L. C. Halstead Co., Inc.", dated April 30, 1994, made by Carl Kinder, Sr., LLS., a copy of which is recorded in the Office of the Clerk of the County, Commission of Kanawha County, West Virginia in Deed Book 2341 , page 894, and being more particularly bounded and described as follows: BEGINNING at an aluminum pipe located in the northerly right of way line of new U. S. Route 60, said beginning point being further located at the southeast corner of the Faith Missionary Baptist Church; thence leaving said U. S. Route 60 and with the east line of said Church property, N. 13 0 44' 00" W., a distance of 105.13 feet to a 5/8 inch iron pipe set in the southerly right of way line of Old U. S. Route 60; thence with a curve to the right the chord of which is N. 68 0 09' 57" E. , 156.01 feet (arc 157.14 feet) to an old pipe found; thence continuing with Old U. S. Route 60, (also known as Austin Drive), N. 84 0 43 55" E., a distance of 64.92 feet to an existing iron pipe, corner to Arthur J. Byrd; thence with the west line of Byrd, S. 4 0 52' 00' E. , a distance of 160 feet to a drilled hole in concrete in the northerly right of way line of New U. S. Route 60; thence with the northerly line of New U. S. Route 60, S. 88 0 04' 00" W., a distance of 198.18 feet to the place of beginning. Being the same real estate conveyed unto the party of the first part herein by Luther C. Halstead, a/k/a L. C. Halstead by deed dated March 1 1, 2015, recorded in the aforesaid Clerk's Office in Deed Book 2903, page 632. It is the intention of this notice to sell the secured property by proper description as was intended to be transferred and conveyed in the aforesaid deed of trust. The described real estate is reported to have a mailing address of: 691 Austin Drive, Saint Albans, West Virginia, 25177. TERMS OF SALE: Sale will be made without warranty, as is, subject to all unpaid real property taxes and special assessments, if any, and also subject to any exceptions, reservations, restrictions, covenants, conditions, agreements and easements as found in the chain of title which affect any part of the property aforesaid, specifically including any which may be incorporated by reference in the aforesaid deed of trust. Any buyer is advised to retain counsel before the sale. The Purchaser shall be responsible for the payment of the transfer taxes imposed by the West Virginia Code S 1 1-22-1. 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. Trustee at sale is under no duty to cause any existing tenant or person occupying the subject property to vacate said 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. The total purchase price is payable to the Trustee by certified check, cash or the equivalent within thirty (30) days of the date of sale, with ten (10%) of the total purchase price payable to the Trustee at sale by certified check, cash or the equivalent. Should any party have any inquires, objections to the sale or protests regarding the sale, or request regarding the sale, please notify the Trustee below. FEDERAL TAX LIEN: In the event that there are federal tax liens against the property, the United States would have the right to redeem the property within a period of 120 days from the date of such sale or the period allowable for redemption under local law, whichever is longer. The part(ies) secured by the Deed of Trust reserve the right to purchase the property at such sale. If the purchaser at sale is unable to complete the terms of purchase within 30 days, the Trustee reserves the right to transfer the property to the next highest bidder. Any sale hereunder may be adjourned from time to time without any notice other than oral proclamation, at the time and place appointed for this sale or by posting of a notice of the same. Should the Trustee not appear at the time appointed for the sale and there is no notice posted of a continuance please contact the office of the Trustee to make further inquiry. Any sale may be conducted or adjourned by the designated agent or attorney of the Trustee. The undersigned is fully vested with the authority to sell said property as Trustee by instrument of record. Given under my hand this 18 day of December, 2025. ERIC S. EM R , Substitute Trustee Tyree Embree and Associates, PLLC 3564 Teays valley Road Hurricane, West Virginia 25526 Phone: 304-757-0021 LC-397700 12-20,27;2025
