NOTICE OF FORECLOSURE SALE

19 SP 154

NORTH CAROLINA, WILKES COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Christopher Paul Eaton and Corinna Eaton to Russell Ferree, Trustee(s), which was dated November 9, 2015 and recorded on November 9, 2015 in Book 01217 at Page 0276, 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 February 6, 2020 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit:

ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN ROCK CREEK TOWNSHIP, WILKES COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A CERTAIN TRACT OR PARCEL OF LAND CONTAINING 0.34 ACRES, LYING IN ROCK CREEK TOWNSHIP, WILKES COUNTY, NC, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON AN IRON STAKE IN THE SOUTH SIDE OF SR 1957, SAID IRON STAKE BEING THE NORTHWEST CORNER OF LOT 13 AND ALSO BEING LOCATED NORTH 82 DEGREES 35 MINUTES 00 SECONDS EAST 125.0 FEET FROM AN IRON STAKE FOUND IN PLACE THE NORTHEAST CORNER OF THE 30 FOOT STREET; THENCE WITH THE SOUTH SIDE OF SR 1957 NORTH 82 DEGREES 35 MINUTES 00 SECONDS EAST 100.00 FEET TO AN IRON STAKE, THENCE LEAVING THE ROAD SOUTH 07 DEGREES 35 MINUTES 00 SECONDS WEST 150.00 FEET TO AN IRON STAKE, THENCE SOUTH 82 DEGREES 35 MINUTES 00 SECONDS WEST 100.00 FEET TO AN IRON STAKE, THENCE NORTH 07 DEGREES 35 MINUTES 00 SECONDS 150.00 FEET TO THE POINT OF BEGINNING. CONTAINING 0.34 ACRES BY COORDINATE COMPUTATION. THE ABOVE DESCRIBED WAS PREPARED FROM AN ACTUAL FIELD SURVEY DONE UNDER THE DIRECTION AND SUPERVISION OF RICHARD C. CURRENT, REG. No. L-756.

Said property is commonly known as 4659 Rock Creek Road, Hays, N.C. 28635. Refer 1205 DB 033 WcR.

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

Said property is commonly known as 4659 Rock Creek Road, Hays, N.C. 28635.

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 Christopher Paul Eaton and wife, Corinna Eaton a/k/a Corinna Nicole Walker.

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, N.C. 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 19-10425-FC01

1-28-2t(T)

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