19 SP 85


Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Wayne P. Evans to PBRE, Inc., Trustee(s), which was dated May 19, 2009 and recorded on May 19, 2009 in Book 01093 at Page 0071, 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 August 8, 2019 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit:

BEGINNING on a concrete monument found in the center of a cul-de-sac and end point of a 60 feet wide easement of ingress and egress, corner of Worth Winebarger (734 DB 786 WCR); thence running North 34 degrees 39’ 47” West 114.69 feet to a 1 1/4 inch iron pipe set in the center of the 60 foot easement; thence North 27 degrees 52’ 41” West 302.07 feet to a 1 1/4 inch iron pipe set in the center of said easement; thence leaving said roadway and easement North 62 degrees 50’ 20” East passing a 1 1/4 inch iron pipe set at 30 feet, and running a total of 702.94 feet to an iron in the center of a cul-de-sac, corner of John D. Layell (said last call also passing a 1 1/4 inch iron pipe set at 672.94 feet); thence running South 18 degrees 44’ 22” East passing a 1 1/4 inch iron pipe set at 30.00 feet, a total distance of 527.38 feet to a 1 inch iron pipe found in a branch; thence the following 12 calls with the center of said branch, towit:  (1) South 20 degrees 11’ 50” East 24.35 feet, (2) South 56 degrees 50’ 42” West 31.97 feet, (3) South 61 degrees 21’ 54” West 21.22 feet, (4) South 26 degrees 12’ 51” East 20.26 feet, (5) South 29 degrees 58’ 25” West 74.53 feet, (6) South 33 degrees 19’ 59” West 61.66 feet, (7) South 53 degrees 12’ 01” West 25.11 feet, (8) South 45 degrees 21’ 15” East 12.81 feet, (9) South 42 degrees 53’ 22” West 55.21 feet, (10) South 18 degrees 06’ 05” West 35.43 feet, (11) South 02 degrees 55’ 15” East 54.97 feet, (12) South 27 degrees 50’ 20” West 13.33 feet to a 1 1/4 inch iron pipe found in the branch; thence leaving the branch South 83 degrees 55’ 33” West 49.64 feet to a 1 1/2 inch iron pipe found; thence South 09 degrees 41’ 36” East 33.19 feet to a 1 1/4 inch iron pipe found; thence South 07 degrees 03’ 35” East 98.55 feet to a 3/4 inch iron pipe found, corner of Edward A. Wall (719 DB 208 & 222 DB 628 WCR); thence North 86 degrees 28’ 25” West 398.34 feet to a 1 1/2 inch iron pipe found at a planted stone, corner of Winebarger; thence North 00 degrees 37’ 24” East 278.08 feet to the BEGINNING, containing 10.996 acres, more or less as surveyed and platted by Rex Walker (Big Eagle Surveying) RLS, L-3493; plat dated 5 August 1996; Job #02996W.

The following is 11 calls on the centerline of a 60 foot wide easement of ingress and egress from a point in the property line of Worth Winebarger (814 DB 302 WCR) on the edge of pavement of Edwards Ridge Road (NCSR 2071), said easement being conveyed by Worth Winebarger and wife, Rebecca Winebarger to Wayne Evans, for the benefit of Wayne Evans 10.996 acre tract (871 DB 544 WCR), towit:  (1) South 14 degrees 40’ 24” West 98.60 feet, (2) South 06 degrees 27’ 14” West 58.30 feet, (3) South 13 degrees 27’ 57” West 63.92 feet, (4) South 15 degrees 57’ 08” West 101.82 feet, (5) South 20 degrees 19’ 35” West 33.31 feet, (6) South 20 degrees 19’ 35” West 21.20 feet, (7) South 50 degrees 28’ 05” West 73.13 feet, (8) South 01 degrees 02’ 20” West 654.37 feet to a 1 1/4 inch iron pipe set, (9) South 27 degrees 52’ 41” East 227.42 feet to a 1 1/4 inch iron pipe set, northwest corner of Wayne Evans 10.996 acre tract, (10) South 27 degrees 52’ 41” East 302.07 feet to a 1 1/4 inch iron pipe set, (11) South 34 degrees 39’ 47” East 114.69 feet to a concrete monument found in the center of a cul-de-sac (beginning corner of Wayne Evans 10.996 acre tract).

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

Said property is commonly known as 10.996-acre parcel adjacent to 391 Edwards Ridge Road, Elkin, NC 28621.

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 Wayne P. Evans.

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.: 19-03280-FC01


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