NOTICE OF FORECLOSURE SALE
19 SP 113
NORTH CAROLINA, WILKES COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Johnny R. Hanks and Carla J. Hanks to Investors Title Insurance Comp, Trustee(s), which was dated December 14, 2010 and recorded on December 15, 2010 in Book 01123 at Page 0204, 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 10:00AM, and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit:
A certain tract or parcel of land containing 3.15 acres lying in Traphill Township, Wilkes County, N. C. and being more particularly described as follows:
BEGINNING on a 5/8 inch rebar found in place, said rebar being the Southeast corner of Book 761, Page 77, thence North 03 degrees 30 minutes 24 seconds East 162.19 feet to an axle found in place, thence North 00 degrees 18 minutes 10 seconds West 171.16 feet to a 1/2 inch pipe found in place; thence North 00 degrees 15 minutes 18 seconds West 211.81 feet to a 1/2 inch pipe found in place; thence North 85 degrees 55 minutes 36 seconds East 19.44 feet to a point in a gravel drive, said point being referenced by a 5/8 inch rebar found in place at North 85 degrees 55 minutes 36 seconds East 31.04 feet, thence with said drive, the next ten (10) calls and distances South 43 degrees 11 minutes 44 seconds East 19.69 feet to a 5/8 inch rebar, thence South 20 degrees 36 minutes 31 seconds East 94.80 feet to a point, thence South 19 degrees 37 minutes 02 seconds East 85.34 feet to a 5/8 inch rebar, thence South 29 degrees 18 minutes 32 seconds East 55.07 feet to a point, thence 44 degrees 17 minutes 44 seconds East 64.92 feet to a point, thence South 56 degrees 02 minutes 27 seconds East 71.34 feet to a 5/8 inch rebar, thence South 58 degrees 39 minutes 00 seconds East 48.25 feet to a point, thence South 61 degrees 29 minutes 38 seconds East 50.47 feet to a point, thence South 61 degrees 15 minutes 18 seconds East 221.22 feet to a 5/8 inch rebar, thence South 63 degrees 34 minutes 51 seconds East 34.10 feet to a point, referenced by a 1/2 inch pipe found in place at North 13 degrees 02 minutes 08 seconds East 25.24 feet, thence leaving said drive South 13 degrees 02 minutes 08 seconds West 101.50 feet to a 1 inch pipe found in place, thence North 85 degrees 28 minutes 58 seconds West 523.21 feet to the point and place of BEGINNING. Containing 3.15 acres by coordinate computation less that portion of that right of way recorded in Book 794, Page 247 along the gravel drive. Actual field survey done under the direction and supervision of Richard C. Current, Reg. No. L-756. This description is subject to all notes on the Plat of Survey for Ricky Casey DTD September 24, 2003 prepared by Current Surveying and Mapping, P. A.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 188 Casey Drive, Traphill, NC 28685.
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 Johnny R. Hanks and wife, Carla J. Hanks.
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
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.: 19-07108-FC01