NOTICE OF FORECLOSURE SALE
STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 2019 SP 93, IN THE MATTER OF FORECLOSURE OF THE DEED OF TRUST EXECUTED BY DAVID SCOTT BRITT DATED February 15, 2011 and recorded in BOOK 1126, PAGE 540, WILKES COUNTY REGISTRY, TO GEOFFREY A. LOSEE,TRUSTEE
Under and by virtue of the power of sale contained in that certain deed of trust executed by DAVID SCOTT BRITT dated February 15, 2011 to GEOFFREY A. LOSEE, Trustee for J. Harold Seagle, recorded in Book 1126, Page 540, Wilkes County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wilkes County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of Wilkes and State of North Carolina, and more particularly described as follows:
BEING all of Tract # 41, containing 3.687 acres, as shown and described on a Map of Deer Run, Phase 3, Mountainside, LLC, said map being made by Lewis N. Cox, Registered Land Surveyor, and recorded in Map Book 9, Page 412, Wilkes County Registry.
The above-described property is subject to the declaration of covenants, conditions and restrictions as recorded in Book 746, Page 540, Wilkes County Registry, which are incorporated herein by reference as if fully and completely set forth.
PROPERTY ADDRESS: vacant lot off Whitetail Trail - Deer Run
DATE OF SALE: July 12, 2019
TIME OF SALE: 10:00 A.M.
LOCATION OF SALE: Wilkes County Courthouse
RECORD OWNER: David Scott Britt
TERMS OF THE SALE:
(1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, rights-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.
(2) The property is being sold “as is.” Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
(5) 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 upon 10 days written notice to the landlord. 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.
(6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. Section 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.
This the 1st day of May 2019.
JOINES & JAMES, P.L.L.C.
By: Carmen James,
N.C. State Bar Number 27909
115 East Main Street
Wilkesboro, N.C. 28697
Telephone: (336) 838-2701
Facsimile: (336) 838-9661