NOTICE OF FORECLOSURE SALE

19 SP 13 - Wilkes County

By authority contained in that certain Deed of Trust executed by Debra H. Hester as recorded in Book 981, Page 167 of the Wilkes County Public Registry (see Appointment of Substitute Trustee as recorded in Book 1282, Page 3231 of the Wilkes County Public Registry); the record owner of the property described in the said Deed of Trust being Debra H. Hester, default having been made in payment of the Promissory Note secured by said Deed of Trust; the said Deed of Trust being by the terms thereof subject to foreclosure; the present owner and holder of the Note having demanded foreclosure for the purpose of satisfying said debt; and by authority contained in the Order Allowing Foreclosure of Deed of Trust signed on the 6th day of June, 2019, as the result of a hearing in the foreclosure before the Clerk of Superior Court (19 SP 13); and at the request of the owner and holder of the Note secured by the aforementioned Deed of Trust, Benjamin N. Neece, Substitute Trustee, will offer for sale to the highest bidder at public auction at the courthouse door of Wilkes County, North Carolina on August 6th, 2019 at 10:00 a.m., the real estate located in the County of Wilkes, being more particularly described as follows: Being all of Tract 1 and Tract 2 as described in the Deed of Trust recorded in Book 981, Page 167 of the Wilkes County Registry.

The “Property” is located at 406 Faw Street, Wilkesboro, N.C. 28697 and 1.04 acres in Boomer, N.C. Parcel IDs: 3867-06-8204 and 3826-92-0409).

TERMS OF THE SALE:

(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-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 N/A, 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. §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.

7-30-2t(T)

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