Notice is hereby given by the undersigned Successor Trustee, in accordance with the provisions of that certain Deed of Trust, dated August 31, 2023, made by Dale Michael Nelson and Nanci N Cook, JTWROS, and executed and delivered to Mark H. Wright and/or Bradford Ritchie, collectively as Trustee, of record in the Office of the Clerk of the County Commission of Raleigh County, West Virginia, in Trust Deed Book 5080, at page 9882 (the "Deed of Trust"), to secure indebtedness described therein payable to Summit Community Bank, Inc. in the amount of $162,450.00 as evidenced by that certain Note dated August 31, 2023 to the order of Summit Community Bank, Inc. (along with any renewals, adjustments, extensions, or modifications, the "Note"), which Deed of Trust covers certain real estate situate in Raleigh County, West Virginia, more particularly described herein;
WHEREAS, Burke & Herbert Bank & Trust Company, as successor to Summit Community Bank, Inc. is the owner and holder of the Note and the Deed of Trust. Pursuant to authority granted in the Deed of Trust, Burke & Herbert Bank & Trust Company, the owner and holder of the Note secured by the Deed of Trust, appointed Zachary J. Rosencrance, a resident of Kanawha County, West Virginia, and/or P. Corey Bonasso, a resident of Putnam County, West Virginia, to serve as Successor Trustee, by that certain Appointment of Successor Trustee of record in the aforesaid Clerk's office in Trust Deed Book 5087, at page 9783.
Burke & Herbert Bank & Trust Company, the owner and holder of the Note secured by the Deed of Trust, has notified the Successor Trustee that Dale Michael Nelson and Nanci N Cook are in default under the terms of the Note and the terms of the Deed of Trust, and has requested, in writing, that the Successor Trustee sell the real property described in the Deed of Trust at public auction, in accordance with the terms of the Deed of Trust and applicable law.
TAKE NOTICE that the undersigned Successor Trustee will offer for sale at public auction on the 127th day of August, 2026, at 12:00 p.m., prevailing Eastern time, at the front door of the Raleigh County Courthouse, 215 Main Street, Beckley, West Virginia, all those certain lots, tracts, or parcels of land together with the buildings and improvements thereon, easements, rights of way, and the appurtenances thereunto belonging situate in Raleigh County, West Virginia, and more particularly described as follows (hereinafter, the "Real Property"):
The following real estate is situate in Town District. Raleigh County, West Virginia, and being the western hall of Lot No. Twenty-One (21), all of Lot No. Twenty-Three (23) and the
eastern ballot Lot No. Twenty-Five (25) of the Barbera Subdivision, of the Town of Bradley. Raleigh County, West Virginia, as shown on a map of said subdivision recorded in the Office of the Clerk of the County Court of Raleigh County, West Virginia. in Map Book 8. at page 200, and being more particularly bounded and described as follows, to-wit:
BEGINNING in the middle of Lot No. 21 on it's northern boundary line and on the southern boundary line of a unnamed street; thence N. 89'48' W. 100 feet to a stake, which is also in the middle of the northern boundary line of Lot No. 25 and the southern boundary line of said street; thence S. 00° 12' W approximately 171 feet to the middle of the southern boundary line of said Lot No. 25; thence S. 89° 13' E approximately 100 feet and I inch to a stake in the middle of the southern boundary line of Lot No. 21; thence up the middle of the southern boundary line of Lot No. 21; thence up the middle of Lot No. 21 N. 00° 12' E approximately 169 feet back to the point of beginning.
of the County Commission of Raleigh County, West Virginia, simultaneously with this instrument.
This deed of trust is made and accepted subject to all validly continuing reservations, restrictions, conditions. covenants, easements and rights of ways made and contained in all prior deeds in the chain of title to the above-described property.
TERMS OF SALE
The Real Property will be sold for cash in hand on the date of sale, or under any different, other, or additional sale terms as the Successor Trustee, in his or her reasonable discretion, determines to be appropriate or advisable. The sale shall be further subject to the following:
Real estate taxes delinquent, due or payable or to become due and payable, all of which shall be the responsibility of the purchaser;
Any statutory lien or liens that may affect the subject property;
All covenants, conditions, restrictions, reservations, easements and rights-of-way appearing of record in the chain of title to the property, or which may be visible from a physical inspection of the subject property;
All liens and encumbrances of any nature whatsoever, including, without limitation, liens for real estate taxes, incinerator, sanitary and sewer charges, having priority over the deeds of trust referred to herein.
The purchaser at the sale shall be responsible for paying the costs of recording the Successor Trustee's Deed and the tax imposed by the State of West Virginia on the privilege of transferring real property (the cost of the tax stamps to be affixed to the Deed).
All of the property to be sold will be sold "AS IS, WHERE IS" in the present condition and with all faults and defects, if any, and without any warranty or representation, express of implied. The Successor Trustee shall be under no duty to cause any existing tenant or person occupying the Real Property to vacate said property. The Successor Trustee will deliver a trustee's deed to the purchaser without any covenant or warranty (express or implied) in the form prescribed by W. Va. Code § 38-1-6. The Successor Trustee makes no representations and warranties about the title to the real estate to be conveyed. If the Successor Trustee is unable to convey insurable or marketable title to the purchaser for any reason, purchaser's sole remedy is return of deposit.
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 undersigned Successor Trustee expressly reserves the right to reject any and all bids, and the right to adjourn the sale from time to time without notice other than oral proclamation at the time and place appointed for the sale. Such adjournment may be for a period of time deemed expedient by the beneficial owner and shall not be construed to be a waiver of the right to make the sale contemplated by this Notice.
The beneficiary of the Deeds of Trust and holder of the Note thereby secured reserves the right to submit a bid for the Real Property at the sale, which bid may be in the form of a credit bid.
The successful bidder will be required to execute a memorandum of sale upon the acceptance of the successful bid by the Successor Trustee.
The sale is subject to post-sale confirmation that none of the grantors filed for bankruptcy protection before the conclusion of bidding, in which case the sale will be null and void and the purchaser's sole remedy, at law or in equity, will be return of deposit without interest.
The trustee's sale may be open to online bidders.
A 10% buyers premium will be added to the high bid for the Real Property. The high bidder shall pay the buyer's premium plus an additional 10% of its bid on the day of the sale (the "Good Faith Deposit)", with the balance to be paid in cash at closing within 14 days after the date of sale.
To the extent there exists any discrepancy between the legal description of the Real Property or terms of sale in this Notice and any other third-party marketing materials, the legal description and terms of sale in this Notice shall control.
Additional terms of sale may be announced prior to the sale.
Any inquiries regarding this sale may be directed to Zachary J. Rosencrance, Successor Trustee, 600 Quarrier Street, Charleston, West Virginia 25301, telephone (304) 347-1100.
DATED: July 17, 2026.
/s/ Zachary J. Rosencrance
Zachary J. Rosencrance, Successor Trustee