Details for 20 SP 17 NOTICE OF FORECLOSURE SALE NORTH CAROLINA WILKES COUNTY

Updated

20 SP 17

NOTICE OF

FORECLOSURE SALE

NORTH CAROLINA

WILKES COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Margie A. Ware to Donna Ballew, Trustee(s), which was dated May 30, 2008 and recorded on June 2, 2008 in Book 1071 at Page 301, Wilkes County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on May 13, 2021 at 10:00 AM, and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit: THE FOLLOWING DESCRIBED PREMISES IN MULBERRY TOWNSHIP, WILKES COUNTY, NORTH CAROLINA, DESCRIBED AS FOLLOWS: BEGINNING ON A SPANISH OAK, ALFRED WYATT'S CORNER, RUNNING NORTH 47 DEG. 30 MIN. EAST WITH A FENCE 71 FEET; NORTH 52 DEG. EAST WITH FENCE 200 FEET, NORTH 33 DEG. EAST 200 FEET TO A STONE; THENCE NORTH 42 DEG. 15 MIN. EAST CROSSING MERTIE ROAD 97 FEET TO A PINE STUMP; THENCE NORTH 7 DEG. WEST 273 FEET TO A PINE; THENCE NORTH 25 DEG. 30 MIN. WEST 105 FEET TO A STAKE; THENCE NORTH 10 DEG. WEST 200 FEET TO A STAKE; THENCE NORTH 21 DEG. WEST 62 FEET TO A STAKE; THENCE NORTH 64 DEG. 30 MIN. WEST 111 FEET TO A POPLAR; THENCE NORTH 59 DEG. 30 MIN. WEST CROSSING CREEK 79 FEET TO AN IRON STAKE; THENCE NORTH 30 DEG. EAST CROSSING CREEK 240 FEET TO A SOURWOOD IN O. O. ABSHER'S LINE; THENCE SOUTHWARD WITH A FENCE LINE THE FOLLOWING: SOUTH 72 DEG. 30 MIN. EAST 245 FEET; SOUTH 61 DEG. 30 MIN. EAST 150 FEET; SOUTH 40 DEG. EAST 99 FEET TO A PINE; SOUTH 12 DEG. EAST 200 FEET; SOUTH 18 DEG. EAST 153 FEET TO A PINE; SOUTH 6 DEG. 45 MIN. EAST 100 FEET; SOUTH 13 DEG. 45 MIN. EAST 100 FEET; SOUTH 7 DEG. 30 MIN. EAST 200 FEET; SOUTH 29 DEG. 30 MIN. EAST 100 FEET; SOUTH 37 DEG. 15 MIN. EAST 205 FEET; SOUTH 60 DEG. 30 MIN. EAST 280 FEET; SOUTH 70 DEG. 15 MIN. EAST 100 FEET; SOUTH 73 DEG. 30 MIN. EAST 100 FEET; SOUTH 76 DEG. 30 MIN. EAST 100 FEET; SOUTH 71 DEG. EAST 103 FEET TO A POST OAK AT DON BUMGARNER'S CORNER; THENCE SOUTH 0 DEG. 5 MIN. WEST 100 FEET TO A STAKE; THENCE SOUTH 18 DEG. EAST 100 FEET TO A STAKE IN AN OLD ROAD; THENCE WESTWARD WITH OLD ROAD THE FOLLOWING: NORTH 71 DEG. WEST 150 FEET; NORTH 88 DEG. WEST 135 FEET; SOUTH 76 DEG. 15 MIN. WEST 100 FEET; NORTH 70 DEG. 30 MIN. WEST 100 FEET; NORTH 77 DEG. WEST 100 FEET; NORTH 67 DEG. 30 MIN. WEST 100 FEET; NORTH 56 DEG. 30 MIN. WEST 100 FEET; NORTH 55 DEG. WEST 90 FEET; NORTH 69 DEG. 45 MIN. WEST 72 FEET TO A SMALL OAK ON NORTH SIDE OF MERTIE ROAD; THENCE SOUTH 13 DEG. 30 MIN. WEST 70 FEET TO A POINT AT EDGE OF MERTIE ROAD; THENCE SOUTH 4 DEG. WEST WITH SAID ROAD 457 FEET TO A PINE; THENCE SOUTH 61 DEG. 30 MIN. WEST 60 FEET TO A WHITE PINE; THENCE NORTH 76 DEG. WEST CROSSING ROAD 176 FEET TO A STAKE AT A FENCE; THENCE NORTH 83 DEG. WEST WITH FENCE 100 FEET; THENCE SOUTH 85 DEG. WEST 100 FEET; THENCE NORTH 80 DEG. 30 MIN. WEST 100 FEET TO AN OAK AT BRANCH; THENCE NORTHWARD WITH BRANCH THE FOLLOWING: NORTH 39 DEG. 30 MIN. WEST 90 FEET; NORTH 16 DEG. WEST 100 FEET, NORTH 50 DEG. WEST 37 FEET TO A POPLAR; THENCE NORTH 2 DEG. 30 MIN. WEST 130 FEET TO A WHITE OAK; THENCE NORTH 13 DEG. WEST 100 FEET TO A STAKE; THENCE NORTH 9 DEG. 15 MIN. WEST 161 FEET TO THE BEGINNING, CONTAINING 26.57 ACRES, MORE OR LESS. THE ABOVE DESCRIBED TRACT BEING PART OF THE LANDS DESCRIBED IN BOOK 509 PAGE 246, WILKES COUNTY REGISTRY. BEING THE SAME FEE SIMPLE PROPERTY CONVEYED BY WARRANTY DEED FROM JOE R. MEDLIN SINGLE and NEAL O. MEDLIN SINGLE TO SAMUEL EUGENE WARE AND WIFE, MARGIE A. WARE, DATED 05/01/1972 RECORDED ON 05/04/1972 IN BOOK 517, PAGE 808 IN WILKES COUNTY RECORDS, STATE OF NC. THE SAID SAMUEL EUGENE WARE HAVING DEPARTED THIS LIFE ON 12/19/2003 THEREBY VESTING FEE SIMPLE TITLE IN MARGIE A. WARE. LESS AND EXCEPT THAT CERTAIN 1.38 ACRE TRACT CONVEYED FROM SAMUEL EUGENE WARE AND WIFE, MARGIE A. WARE TO JOSEPH L. WARE AND WIFE, RITA G. WARE BY THAT CERTAIN DEED DATED MAY 30, 1995 AND RECORDED ON MAY 30, 1995 IN DEED BOOK 744 AT PAGE 427 OF THE WILKES COUNTY REGISTRY. ALSO LESS AND EXCEPT THAT CERTAIN 14,238 SQ. FT. TRACT AND THAT CERTAIN 4,481 SQ. FT. TRACT CONVEYED FROM SAMUEL E. WARE AND WIFE, MARGIE A. WARE TO ALVIN E. WYATT AND WIFE, EDELLA H. WYATT BY THAT CERTAIN DEED DATED DECEMBER 14, 2001 AND RECORDED ON DECEMBER 17, 2001 IN DEED BOOK 872 AT PAGE 346 OF THE WILKES COUNTY REGISTRY. AND ALSO LESS AND EXCEPT THAT CERTAIN 4.03 ACRE TRACT CONVEYED FROM SAMUEL EUGENE WARE AND WIFE, MARGIE WARE TO DAVID DARRELL OSBORNE AND WIFE, NANCY ELIZABETH OSBORNE BY THAT CERTAIN DEED DATED OCTOBER 29, 2003 AND RECORDED ON NOVEMBER 5, 2003 IN DEED BOOK 930 AT PAGE 232 OF THE WILKES COUNTY REGISTRY. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 954 Mertie Road, Millers Creek, NC 28651. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are All Lawful Heirs of Margie A. Ware. An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 19-12892-FC02

April 28, & May 5, 2021

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