Legal Notices

NOTICE OF SUBSTITUTE TRUSTEE’S SALE NOTICE is hereby given that, by virtue of the authority vested in the undersigned Substitute Trustee under that certain Deed of Trust dated the 26th day of November, 2024 executed by 3T WOOD PRODUCTS, LLC AND MICHAEL TAYLOR, to Flynn, Max, Miller & Miller, L.C., trustee, and Coddle Creek Farms, LLC, Beneficiary, said Deed of Trust recorded in the office of the Clerk of the County Court of Wayne County, West Virginia, in Trust Deed Book 876, at Page 421 under which authority PAUL E. BISER, who was substituted as Trustee under the Deed of Trust by a Notice of Substitution of Trustee dated the 7th day of October, 2025 and recorded in the aforesaid Clerk’s office in Trustee Book 885, at Page 234, now acts, by which was conveyed to the said Substitute Trustee the said hereinafter described real estate, to secure the payment of a certain note set out and described therein, and default having been made under the terms and conditions of said Deed of Trust, and the provisions of said Deed of Trust concerning acceleration having been complied with by the Lender and present holder of the note, and Paul E. Biser having been requested so to do by the owner and holder of said note, shall sell to the highest bidder, on DECEMBER 22, 2025 at 11:00 o’clock a.m., at the front door of the Court House of Wayne County, West Virginia, the following described real estate: TRACT NUMBER ONE (1) Those two (2) certain tracts or parcels of real estate situate on the waters of Twelve Pole Creek, north of the Town of Wayne, Union District, Wayne County, West Virginia, bounded and described as follows: Parcel No. 1 BEGINNING at a triple elm on the east bank of Twelve Pole Creek, corner to Ira McCoy; thence, running with the McCoy line, N. 43 00′ E., crossing the center line of State Route 52 at 175 feet, in all 544 feet, to a stake on a point witnessed by the two pines marked as pointers in the line of Pearl Baker’s land; thence, with the same down the point, S. 81 30′ W. 230 feet to a black oak on a ledge of rocks, corner to a parcel owned by Shirley Adkins; thence, running with the lines of the same. S. 57 00′ W. 35 feet. S. 70 00′ W. 39 feet, N. 82 30′ W. 55.4 feet, N. 73 30′ W. 55.3 feet, N. 59 45′ W. 64 feet to a post in the State’s right-of-way fence, 4 feet east of a small sycamore which is marked as a pointer; thence, crossing the Highway, N. 76 00′ W. 127.25 feet to a power pole at the intersection of the County Farm Road with State Route 52; thence, along the northerly side of said County Farm Road, S. 62 00′ W., passing the northerly corner of the bridge with wall at 190 feet. in all 259 feet, to the low water mark of Twelve Pole Creek: thence, running up the Creek with its meanders. S. 28 00′ E. 250 feet, S. 71 30′ E. 300 feet to a stake; thence, leaving the Creek, N. 43 00′ E. 35 feet to the BEGINNING, containing THREE and FIFTEEN ONE-HUNDREDTHS (3.15) ACRES. Parcel No. 2 BEGINNING at two elms on the bank of Twelve Pole Creek: thence, running up the hill. N. 42 30’E. 488 feet to a 6-inch sugar at the edge of the cliff: thence, S. 80 30′ E. 156 feet to a stake on the ridge; thence, S. 54 30′ E. 85 feet to a stake; thence, S. 51 30′ E. 156 feet to a stake on the ridge; thence, S. 32 30′ E. 165 feet to a pine on the spur of the knob, (three cedars marked for pointers); thence, S. 30 45′ E. 243 feet to the site of a beech at the end of the cliff (two white oaks as pointers); thence, S. 15 30′ W. 145 feet to a bench, corner to Clara Brumfield’s land; thence, with same. N. 76 45′ W. 346.5 feet to a stake in the edge of the State Highway, where a beech formerly stood; thence, crossing said Highway, N. 87 45′ W. 160 feet to the site of a cherry and cucumber on the easterly bank of Twelve Pole Creek, (water maple and water birch marked); thence, down Twelve Pole Creek along its margin, N. 59 45′ W. 410 feet to the BEGINNING, and containing SEVEN and FIVE-TENTHS (7.5) ACRES. EXCEPTING and RESERVING, however, from the conveyance of Parcel Two (2) herein, the right-of-way for the State Highway, which right-of-way contains five-tenths (0.5) acre. And further EXCEPTING and RESERVING from the operation of the conveyance of Tract Number One (1) herein, all the minerals and mineral rights and privileges as reserved in previous deeds of record in the chain of title. TRACT NUMBER TWO (2) All that certain tract or parcel of real estate situate on the waters of Twelve Pole Creek, about half-way between the mouth of Wilson’s Creek and the County Farm Bridge, Union District, Wayne County, West Virginia, bounded and described as follows: BEGINNING on an 8-inch sycamore on the bank of Twelve Pole Creek, (corner made by Pearley Brumfield and Ira McCoy as of July 1st, 1960); thence, N. 63 E., passing the center of U. S. Route No. 52 at plus 54 feet, and a 5-inch ash at plus 144 feet, 173 feet to a stake in the line of the second course of the Pearley Brumfield 100 acre tract, (Deed Book No. 198 at Page 30), said stake referenced by the projecting of said second course, S. 79 E. 195 feet to a 22-inch beech, (third corner of said 100-acre tract); thence, with the reverse course of the said 100 acre tract, N. 79 W. 151.5 feet to a stake at the site of a beech and sugar trees; thence, east 99 feet at the call of a lynn and cherry, to a stake on the bank of Twelve Pole Creek; thence, with the meanders of the said Twelve Pole Creek, to the BEGINNING, containing TWENTY THOUSAND (20,000) SQUARE FEET, be the same more or less, exclusive of rights-of-way . TRACT NUMBER THREE (3) All that certain tract or parcel of real estate situate in Union District, Wayne County, West Virginia, bounded and described as follows: Being all the land and improvements thereon between Twelve Pole Creek and the State Highway. and being known as the “Fifty-Two Club,” together with a tract of land containing one-fourth(1/4) acre across the Road, and being around the water well where the same is now located. EXCEPTING and RESERVING, however, from the operation of the conveyance of Tract Number Three (3) herein, that certain parcel containing Twenty-One Thousand (21.000) Square Feet carved out of the above-described real estate, and conveyed to Ted W. Hulsey by deed from Ira McCoy and Zelma McCoy, his wife, by deed dated the 30th day of October, 1972, and of record in the office of the aforesaid Clerk in Deed Book No. 425, at Page 433. TRACT NUMBER FOUR (4) All that certain tract or parcel of real estate situate in Union District, Wayne County, West Virginia, bounded and described according to an actual survey of the same, made by Tom Ferguson, Surveyor, on the 22nd day of September, 1952. as follows: BEGINNING at a point in the southwest right-of-way line of U. S. Route 52, approximately one-quarter mile north of the junction of Wilson’s Creek Road, and referenced by Appalachian Electric Power Pole No. 2504-93, bearing N. 74 30′ E. 62 feet; thence, with said Road line, S. 41 45′ E. 115 feet; thence, leaving the Road, S. 42 30′ W. 116 feet to the low water line of Twelve Pole Creek; thence, down the Creek with its meanders, N. 61 W., about 170 feet; thence, N. 46 45′ E., passing through at 20 feet a 2-foot poplar, 153 feet to the BEGINNING, and containing TWENTY-ONE THOUSAND (21.000) SQUARE FEET, more or less. TRACT NUMBER FIVE (5) All that certain tract or parcel of real estate situate on the waters of Twelve Pole Creek, Union District. Wayne County. West Virginia, and more particularly bounded and described as follows: BEGINNING at a stake in the east right-of-way line of U. S. Route 52, approximately 700 feet northwest of the Wilson’s Creek Bridge, and in the line of a 20.000 square feet parcel deeded to Ira McCoy in the year 1956, and of record in the office of the aforesaid Clerk in Deed Book No. 301, at Page 29; thence. with the said McCoy line, N. 65 30′ E. 180 feet to a stake in the second course of the Pearley Brumfield 100 acre tract; thence, with the said Brumfield line, S. 88 E. 120 feet to a vertical mark on a large boulder near the top of the bluff; thence, S. 75 30′ W. 148 feet to a stake in the east right-of-way line of U. S. Route 52, in line with Appalachian Electric Power Company Pole No. 2504-91, and 21 feet southeast of the center of a culvert under the Highway; thence, with the said Road right-of-way line, N. 17 W. 80 feet to the point of BEGINNING, containing FIFTEEN THOUSAND THREE HUNDRED (15,300) SQUARE FEET, more or less. TERMS OF THE SALE: 1) The property will be conveyed in an AS IS physical condition by Deed containing no warranty, express or implied, subject to the 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 11-22-1. 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. 3) 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. 4) The Trustee shall be under no duty to cause any existing tenant or person occupying the 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. 5) 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. 6) Pursuant to the Deed of Trust, the Trustee may postpone the sale by public announcement at the time and place designated or by posting a notice of the same. 7) The total purchase price is payable to the Trustee by certified or cashier’s check 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 or cashier’s check. GIVEN under my hand this 20th day of November, 2025. s/ Paul E. Biser Paul E. Biser – Trustee – W.Va. Bar #7319 FREDEKING & BISER LAW OFFICES, PLLC 511 Eighth Street Huntington, West Virginia 25701 (304)525-7701 Paul @fredekinglaw.com LH-381879 12-03,10;2025