Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Samuel Lee Hatcher and Kathy Ann Hatcher, dated March 20, 2017, recorded on March 22, 2017 in Book 1243, Page 33 of the Wilkes County Public Registry conveying certain real property in Wilkes County to Lewis Cox, Trustee, for the benefit of Brown Osborne and Jennifer B. Osborne.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 August 24, 2020 at 10:00 a.m., and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit:

Lot #8 Arbor Grove as recorded in Plat Book 9 Page 402 Wilkes County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 149 Camelia Lane, North Wilkesboro, N.C. 28659; PIN: 3990-83-2699

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, payable to Bell Carrington Price & Gregg, PLLC, 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. Pursuant to N.C. Gen. Stat. § 45-21.30, if the highest bidder at the sale, resale, or any upset bidder fails to comply with its bid upon the tender of a deed for the real property, or after a bona fide attempt to tender such a deed, the clerk of superior court may, upon motion, enter an order authorizing a resale of the real property. The defaulting bidder at any sale or resale or any defaulting upset bidder is liable for the bid made, and in case a resale is had because of such default, shall remain liable to the extent that the final sale price is less than the bid plus all the costs of any resale. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under N.C. Gen. Stat. § 45-21.30. 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 any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Samuel Lee Hatcher and Kathy Ann Hatcher.

An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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. The notice shall also state that 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 [N.C. Gen. Stat. § 45-21.16(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.

Cape Fear Trustee Services, LLC,

Substitute Trustee

____________, Attorney

W. Harris, NCSB No. 48633

5550 77 Center Drive,

Suite 100

Charlotte, N.C. 28217

PHONE: 980-201-3840

File No.: 19-42370


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