NOTICE OF FORECLOSURE SALE
19 SP 24
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Abel Vazquez, Jr., and Maritza Angelica Rosales, to Robey C. Best, Jr., Trustee, for the benefit of Mortgage Electronic Registration Systems Inc., as nominee for AmeriSouth Mortgage Company, which was dated April 27, 2016 and recorded on April 27, 2016 in Book 01225 at Page 0329, Wilkes County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 July 11, 2019 at 11:00 A.M. and will sell to the highest bidder for cash the following described property situated in Wilkes County, North Carolina, to wit:
Beginning on an iron stake, the southwest corner of O.E. Gant’s tract, and running South 13 degrees East 520 feet to the old stone corner, thence South 82 1/2 degrees East 15 3/5 poles to the iron state; thence North 1 1/2 degrees West 28 poles to an iron stake, A.A. Gant’s southeast corner, thence with A.A. Gant’s and O.E. Gant’s line South 89.8 degrees West 361 feet to the Beginning, containing 4 acres, more or less.
It is understood that a strip 6 feet wide is left on the west side and is dedicated as one-half of an alley for outlet.
See Book 1110, Page 213, Wilkes County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 225 Oliver Gant Road, North Wilkesboro, NC 28659; Tax Parcel No.: 1400506.
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 any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Abel Vazquez, Jr. and Maritza Angelica Rosales.
An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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. The notice shall also state that 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 [N.C. Gen. Stat. § 45-21.16(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.
Cape Fear Trustee Services, LLC, Substitute Trustee
NCSB No. 50979
NCSB No. 48633
Bell Carrington Price & Gregg, PLLC
5550 77 Center Drive,
Charlotte, NC 28217