NOTICE OF FORECLOSURE SALE

19 SP 90

NORTH CAROLINA, WILKES COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Elizabeth R. Scott and Otis B. Scott to Trste, Inc., Trustee(s), which was dated February 7, 2002 and recorded on February 21, 2002 in Book 0877 at Page 0176, 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 September 5, 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:

ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF N WILKESBORO IN THE COUNTY OF WILKES AND STATE OF NORTH CAROLINA AND BEING DESCRIBED IN A DEED DATED 01/06/1984 AND RECORDED 01/09/1984 IN BOOK 619 PAGE 665 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE AND REFERENCED AS FOLLOWS:  METES AND BOUNDS.

And being more particularly described by metes and bounds according to said Deed as follows:

Beginning at an iron pin located at the Southeastern corner of a 1.1 acre tract of land conveyed 01/09/1984 by the Grantors in the aforementioned Deed to Robert Lee Redmon.  Said iron pin also being located on the edge of the pavement of N.C.S.R. 1971.  Thence leaving S.R. 1971 and running North 6° 17’ East 214.78 feet to an iron pin in Jones’ line; thence running with Jones’ line North 75° 22’ East 193 feet to an iron pin; thence South 4° 40.5’ West 310.16 feet to an iron pin in the edge of the pavement of S.R. 1971; thence running with the edge of the pavement of S.R. 1971 the following courses and distances:  North 73° 16.5’ West 89.45 feet to an iron pin, North 76° 25’ West 90 feet to the point of beginning, containing 1.1 acres more or less.

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

Said property is commonly known as 1321 Fairplains Road, North Wilkesboro, NC 28659.

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 Scott Revocable Living Trust.

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.: 19-05905-FC01

8-27-2t(T)

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