NOTICE OF SALE
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA, SUPERIOR COURT DIVISION, WILKES COUNTY, 13 SP 175, IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY VERNA C. HUTCHINSON DATED APRIL 25, 2005 AND RECORDED IN BOOK 974 AT PAGE 194 IN THE WILKES COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00 AM on August 7, 2013 the following described real estate and any other improvements which may be situated thereon, in Wilkes County, North Carolina, and being more particularly described as follows:
BEGINNING on a point in center of old N.C. 18; thence leaving road and with driveway of Mrs. Francis Henderson South 89 deg. 47’ West 117.43 feet to an iron pin; thence with drive North 13 deg. 13’ West 118.18 feet to an iron pin on bank of SR 1101; thence North 13 deg. 13’ West 15.05 feet to a point in center of SR 1101; thence with road North 72 deg. 19’ East 125.25 feet to a point in center of road; thence leaving road South 18 deg. East 18.10 feet to an iron pin on bank of SR 1101; thence with Porter line South 18 deg. East 92.94 feet to an iron pin in Porter line; thence South 18 deg. East 46.98 feet to a point in old N.C. 18; thence with road South 50 deg. 00’ West 26.47 feet to the beginning, containing 20,086 square feet, more or less.
And Being more commonly known as: 155 Old Moravian Falls Rd, Wilkesboro, NC 28697
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Ida H. Caudill.
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is July 17, 2013.
Grady I. Ingle or
Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216