NOTICE OF SALE
STATE OF NORTH CAROLINA, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, COUNTY OF WILKES 19-SP-102.
IN THE MATTER OF THE SALE OF LANDS OF GREGORY GLENN CARDWELL under Foreclosure by John Benjamin “Jak” Reeves, Substitute Trustee.56
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Gregory Glenn Cardwell which appears of record in the Wilkes County Public Registry in Book 1171, at page 269 and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Wilkes County, North Carolina, entered in this foreclosure proceeding, the undersigned, John Benjamin “Jak” Reeves, will expose for sale at public auction on the 14th day of August, 2019 at 2:00 PM, at the door of the Wilkes County Courthouse, Wilkesboro, North Carolina, the following described real property (including the house and any other improvements thereon):
BEGINNING on an iron stake at R. L. Clonch corner, running North 86 deg. and 30 minutes East 608 feet to a stake; thence North 77 deg. and 30 minutes East 140.25 feet to a stake; thence South 87 deg. and 30 minutes West 200 feet to a stake; thence, North 86 deg. and West 217.5 feet to an iron stake in R. L. Clonch line at J. C. Blackburn’s corner; thence, North 27 deg. West 584 feet to the BEGINNING, containing 6.70 acres, more or less.
For further reference see Deed Book 1049, Page 396; Deed Book 542, Page 960 and Deed Book 527, Page 704, Wilkes County Registry, to which reference is hereby made.
The real property hereinabove described will be sold “as is” and “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 will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner(s) of the above-described real property as reflected on the records of the Wilkes County Registry not more than ten (10) days prior to the posting of this notice are: Gregory Glenn Cardwell, and wife, Angela Denise James.
Third party purchasers must pay the excise tax, pursuant to N.C. Gen. Stat. § 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof of the final sale price, and the Clerk of Courts fee pursuant to N.C. Gen. Stat. § 7A-308, in the amount of Forty-Five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof of the final sale price or Five Hundred Dollars ($500.00), whichever is less. Pursuant to N.C. Gen. Stat. § 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided in N.C. Gen. Stat. § 45-21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
NOTICE TO OCCUPANTS:
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 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 notice of sale, terminate the rental agreement upon ten (10) days written notice to the landlord. 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 termination.
This the _____ day of July, 2019.
John Benjamin “Jak” Reeves, Substitute Trustee
North Carolina State Bar No. 32895
280 Queen Street
Boone, North Carolina 28607
Telephone: (828) 268-9640
Fax: (828) 262-3699