NOTICE OF FORECLOSURE SALE
19 SP 99
NORTH CAROLINA, WILKES COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Martha Hayes and Denver Hayes a/k/a Denver C. Hayes to Hutchens & Senter, Trustee(s), which was dated June 10, 2005 and recorded on June 17, 2005 in Book 0978 at Page 0337, 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 October 3, 2019 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:
A CERTAIN TRACT OR PARCEL OF LAND IN TRAPHILL TOWNSHIP, WILKES COUNTY, STATE OF NORTH CAROLINA LANDS OF MARIAN COCKERHAM EUNICE SCOTT, JAMES LEDBETTER AND OTHERS, AND BOUNDED AS FOLLOWS, VIZ:
BEGINNING ON A GUM WEST BANK OF GRASSY FORK ROAD MARIAN COCKERHAM’S CORNER, SOUTH 70 POLES TO A STONE THEN WEST 29 1/2 POLES TO A WHITE OAK SOUTH 40 POLES TO A STAKE SOUTH 80 DEGREES POLES TO A RED OAK SOUTH 10 DEGREES WEST 14 POLES TO A BUNCH OF CHESTNUTS SOUTH 50 DEGREES EAST 58 POLES TO A WHITE OAK AND BLACK OAK EAST 30 POLES TO A STONE ON THE BANK OF GRASSY FORK CREEK 53 DEGREES WEST WITH THE CREEK 24 POLES TO A STAKE SOUTH 75 DEGREES EAST 10 POLES WITH SAID CREEK TO A STONE NORTH 15 DEGREES WEST 3 POLES TO A STONE NORTH 85 DEGREES EAST 65 POLES TO A STONE NORTH 15 DEGREES EAST 32 POLES TO A HICKORY NORTH 6 DEGREES EAST 52 POLES TO A CHESTNUT STUMP NOW GONE AND A STONE INSTEAD 60 POLES TO A STONE NORTH 32 POLES TO A WHITE OAK WEST 80 POLES TO THE BEGINNING, CONTAINING 8.8 ACRES MORE OR LESS.
SOURCE OF TITLE BOOK 388 PAGE 262 (RECORDED 06/16/61)
LESS AND EXCEPT the portion of property released by Partial Release of Deed of Trust recorded on 11/17/2011 in Book 1140 at Page 217 of the Wilkes County Registry and being more particularly described as follows:
Being a certain piece of property located in Traphill Township and containing 0.602 acres. Said description is taken from a survey entitled “Survey for Randy Craig Hayes and wife Bridget Delane Hayes et. al.” and is dated September 1, 2011. Said survey was performed under the supervision of P. Rex Walker, PLS of Big Eagle Surveying, State Road, N.C. and is more particularly described as follows:
BEGINNING at a RR spike found in the right of way of SR 1916. Said spike is further located N 68° 02’ 20” W 165.18’ from a 1/2” rebar found, a common corner with Randy Hayes (881, 523) and Michael Hawkins (1081, 146). Thence running with SR 1916 the following courses and distances: N 33° 00’ 25” W 45.44’; N 39° 04’ 14” W 45.02’; N 42° 41’ 12” W 47.13’; N 44° 51’ 29” W 59.36’; N 45° 54’ 02” W 62.55’; N 46° 50’ 54” W 42.08’ to a mag nail set. Thence leaving SR 1916 and running S 79° 28’ 10” E 170.06’ to a 5/8” rebar set. Thence S 69° 07’ 54” E 153.43’ to a spike set on a rock on a steep bank and crossing a 5/8” rebar set at 128.48’. Thence S 38° 22’ 47” W 173.94’ to the BEGINNING.
ALSO LESS AND EXCEPT that certain right of way and easement released by Release Deed dated 06/26/2006 and recorded on 07/26/2006 in Book 1015 at Page 6 of the Wilkes County Registry.
ALSO LESS AND EXCEPT that certain 1.62-acre tract of land and 20’ right of way released by Partial Release Deed dated 05/14/2019 and recorded on 07/12/2019 in Book 1287 at Page 304 of the Wilkes County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 906 Grassy Fork Road, Elkin, N.C. 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 All Lawful Heirs of Martha Hayes.
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
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.: 19-01750-FC01