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 July 31, 2020, executed by Marilyn Kay Smith and John Dewey Williams to J. Nicholas Barth and Stephen L. Thompson, Trustees, of record in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Book 4438, at Page 352, and re-recorded in Book 4443, at Page 406. Bailey & Slotnick, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated November 7, 2025, recorded in the Clerk's Office in Book 4777, at Page 653. The borrowers 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 property to the highest bidder at the front door of the Courthouse of Kanawha County, in Charleston, West Virginia, on: THURSDAY, 18, 2025, AT 10:00 A.M. All those certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, situate near the mouth of Cabin Creek, Cabin Creek District, Kanawha County, West Virginia, and being more particularly described as follows: Parcel 1: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate near the mouth of Cabin Creek, Cabin Creek District, Kanawha County, West Virginia, and being a part of Lot No. 5 of the George W. Hastings Estate, said lot or parcel of land hereby conveyed being known numbered and designated as Lot No. 5-A upon that certain plat entitled, "Plat Showing Lot 5, Hastings Addition to Chelyan on Hastings Street, Chelyan, West Virginia, Owned By: Theodore R. Wolfe Cabin Creek District, Kanawha County, W.V.", said plat bearing date July 29. 1985, having been prepared by Ralph Adkins, Licensed Land Surveyor, a copy of the same is recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2103, at page 39, which said lot is more particularly bounded and described as follows: BEGINNING at a corner of Lot 5 and a 40 foot right-of-way for the Charleston Interurban Railroad, which point is 150.5 feet from Hastings Street; thence S. 71- 07 W 117.0 feet to a point, thence N. 88-53 E 104.1 feet to a point; thence S. 10- 52 W 71.5 feet to the place of beginning, and being all of Lot 5-A of the Hastings Addition to Chelyan, as shown upon the above mentioned map, and containing 9,136.6 square feet; Parcel 2: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging situate near the mouth of Cabin Creek, Cabin Creek District, Kanawha County, West Virginia, and being a part of Lot No. 5 of the George W. Hastings Estate, said lot or parcel of land hereby conveyed being known numbered and designated as Lot No. 5-B upon that certain map entitled, "Plat Showing Lot 5, Hastings Addition to Chelyan on Hastings Street, Chelyan, West Virginia, Owned By: Theodore R. Wolfe Cabin Creek District, Kanawha County, W.V.", said plat bearing date July 29, 1985, having been prepared by Ralph Adkins, Licensed Land Surveyor, a copy of the same is recorded in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, in Deed Book 2103, at page 39, which said lot is more particularly bounded and described as follows: BEGINNING at a point situate at the common corner of Lots 4 and 5 of the Hastings Estate aforesaid and Hastings Street, as shown on the aforementioned map; thence along the common division line of said Lots 4 and 5, S 10-52 W. 79 feet to a point; thence running through said Lot No. 5 S. 88-53 W. 104.1 feet to a point situate in the common property line of Lots Nos. 5 and 6 of the Hastings estate; thence along said common division line, N. 10-43 E. 65 feet to a point; thence along the property line of said Lot No. 5 and Hastings Street, N. 81-37 E. 108.0 feet to the place of beginning, and being all of Lot No. 5B of the Hastings Addition to Chelyan, as shown upon the above mentioned map, and containing 7,339.4 square feet. Being the same property conveyed unto Marilyn Kay Smith and John Dewey Williams by deed dated July 31, 2020, of record in the Clerk's Office in Deed Book 3072, at Page 541. John Dewey Williams died on June 28, 2023, and in accordance with the survivorship provision contained in that Deed, title vested solely in Marilyn Kay Smith. At the time of the execution of the Deed of Trust, this property was reported to have an address of: 110 and 112 Hastings Street, Cabin Creek, WV 25035. 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 $7,000.00 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 24th day of November, 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-382711 12-10,17;2025
