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(s) by that certain Deed of Trust dated March 30, 2004, executed by David S. Nelson and Margaret M. Dewitt, A.K.A. Margaret M. Nelson to Barry Dobson and George M. Cipriani, Trustees, of record in the Office of the Clerk of the County Commission of Randolph County, West Virginia, in Book 377, at Page 648. Hereford & Riccardi, PLLC was appointed as Trustee by APPOINTMENT OF SUCCESSOR TRUSTEE dated April 1, 2015, of record in the Clerk’s Office in Book 533, at Page 595. 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 Randolph County, in Elkins, West Virginia, on:

WEDNESDAY, JULY 8, 2015, AT 12:05 O’CLOCK P.M.

All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the Eliot’s Ridge Road in Beverly District, Randolph County, West Virginia, and more particularly described as follows:

BEGINNING at an iron pipe, the SW corner of Plat No. 3 and the SRC R/W fence and running S. 80 30’ E. 278.0’ to an iron pipe the SE corner of Plat No. 3; thence S. 6 10’ E. 161.0’ to an iron pipe just off the North side of a sharp curve in the road. This point referenced as shown on Plat; thence crossing the road S. 12 30’ W. 209.0 to an iron pipe West side of the road, referenced as shown on Plat; thence N. 77 30’ W. 223.0’ to an iron pipe, crossing the road to an iron pipe at 148.0’; thence with the East R/W of SRC No. 22 due N. 101.0’ N. 7 20’ W. 277.0’ to the beginning, and containing 2.19 acres, more or less.

This is the same property conveyed unto David S. Nelson and Margaret M. Dewitt, A.K.A. Margaret M. Nelson by deed dated August 31, 1998, of record in the Clerk’s Office in Book 461, at Page 446.


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 section 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 the equivalent within thirty (30) days of the date of sale, with ten percent (10{4ceb532c6f579389df471c6c1e832caf2346b74dc60fcbf6aabd4d29df3baf9c}) of the total purchase price payable to the Trustee at sale by cashier’s check, cash or the equivalent.

Given under my hand this 17th day of June, 2015.


By: Philip B. Hereford, Member
405 Capitol Street, Suite 306
Charleston, West Virginia 25301
Phone: (304) 346-1800
6/30, 7/7