NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE is hereby given pursuant to and by the virtue of the authority vested in the Substitute Trustee, Pill & Pill, PLLC, by that certain Deed of Trust dated March 13, 2007, executed by the Borrowers, David McCutcheon and Joyce McCutcheon, to Janet Phillips, the Trustee, of record in the Office of the Clerk of the County Commission of KANAWHA County, West Virginia, in Book 3445 Page 725. At the time of the execution of the Deed of Trust, this property was reported to have a mailing address of Giles Hollow Road Dawes, WV 25054. Pill & Pill, PLLC was appointed as Substitute Trustee by a SUBSTITUTION OF TRUSTEE dated October 14, 2025, of record in the Clerk's Office in Book 4772 page 347. The Borrowers defaulted under the Note and Deed of Trust and the Substitute Trustee has been instructed to foreclose under the Deed of Trust. Accordingly, the Substitute Trustee will sell the following described property to the highest bidder at the front door of the Courthouse of KANAWHA, in Charleston, West Virginia on the following date: April 16, 2026 at 5:53 p.m. All that certain lot, tract or parcel of land, together with the appurtenances thereunto belonging, situate in Cabin Creek District, Kanawha County, West Virginia, in the Town of Giles, and being more particularly known, designated and described as Lot No. 26 as shown on a map attached to and made a part of that certain deed to Price T. Ballard and Audra Ballard, his wife, from Imperial Coal Co., dated the 22nd day of October, 1969, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia in Deed Book 1571 at page 15, which said map is entitled, "Town Map of Giles, Kanawha Co. West Va., Showing Plots as have been sold, also lots to be conveyed to Price T. and Audra Ballard", dated August 5, 1969, made by Wm. J. Watts, Land Surveyor. Map 59B Parcel 77 Being the same property conveyed by fee simple deed from Turner T. Branham and Edna Branham, Husband and Wife to David L. McCutcheon and Joyce E. McCutcheon Husband and Wife as Joint Tenants, Dated 11/26/1976 Recorded on 11/29/1976 in Book 1814, Page 295 in Kanawha County Records, State of WV. 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 11-2-1. 3) The Beneficiary and/or 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 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 said property, and any personal property and/or belongings remaining at the property after foreclosure sale will be deeded to constitute ABANDONED PROPERTY AND WILL BE DISPOSED OF ACCORDINGLY.6) The total purchase price is payable to the Trustee within thirty (30) days of the sate of sale, with ten percent (10%) of the total purchase price payable to the Trustee at sake,Pill & Pill, PLLC, Substitute Trustee BY: Jonathan L. Wertman, Esq.Pill & Pill, PLLC 85 Aikins Center, Edwin Miller Blvd. P.O. Box 440Martinsburg, WV 25402Phone: (304) 263-4971Fax: (304) 267-5840foreclosures @pillwvlaw.com LC-436447 03-26,04-02,09;2026
