NOTICE OF SALE OF REAL ESTATE
NORTH CAROLINA, WILKES COUNTY, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, 19-SP-18, In the matter of: The foreclosure of a Deed of Trust executed by Victoria S. Widener (Unmarried) dated October 25, 2011 and recorded in Book 1139, Page 0038, Wilkes County, North Carolina, Public Registry
Record Owner: The Heirs of Victoria S. Widener, Deceased; James W. Shepherd, Joseph Rae Widener and Jordan Gabriel Widener
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Victoria S. Widener dated October 25, 2011 and recorded in Book 1139, Page 38, in the Office of the Register of Deeds of Wilkes County, North Carolina; and under and by virtue of the authority vested in the undersigned, Substitute Trustee, and default having been made in the payment of the indebtedness thereby secured, and the said Deed of Trust being by the terms thereof subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the courthouse door of the Wilkes County Courthouse, Wilkesboro, North Carolina at 11:30 o’clock a.m. on the 3rd day of May, 2019, all of the property conveyed in said Deed of Trust, which property as of April 11, 2019 was owned by The Heirs of Victoria S. Widener, being James W. Shepherd, Joseph Rae Widener and Jordan Gabriel Widener, same lying and being in Lewis Ford Township, Wilkes County, North Carolina and more particularly described as follows:
BEGINNING on an iron stake on the East side of the road; running North 73.5 degrees 31 feet to an iron stake; thence North 17 degrees West 168 feet to an iron stake; thence running South 87 degrees West 140 feet to an iron stake on the East side of the road; thence running South 17 degrees East 204 feet to the BEGINNING, containing 25,203 square feet more or less and having an address of 748 Huffman Fork Road, Purlear, N.C. 28665.
Tax Map Reference: 09-00551
This property is to be sold subject to any city-county ad valorem taxes and any special assessments, liens, and/or rights-of-way or easements that are liens against the premises.
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 Wilkes County. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after April 11, 2019, 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.
The Substitute Trustee, after sale, shall require the highest bidder immediately to make a cash deposit of five percent (5%) of the amount of his bid.
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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
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 his sole discretion, if he believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser shall have no further remedy.
The Notice of Sale hereby given is in satisfaction of the requirements of the above-mentioned Deed of Trust and the requirements contained in North Carolina General Statute 45-21.17 with respect to posting or publishing of notice of sale.
DATE: May 3, 2019
TIME: 11:30 a.m.
PLACE: Courthouse Door of the Wilkes County Courthouse, Wilkesboro, North Carolina
This 11th day of April, 2019.
Allen C. Moseley