NOTICE OF SALE OF REAL ESTATE BY SUBSTITUTE TRUSTEE
19 SP 81
STATE OF NORTH CAROLINA, WILKES COUNTY, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF TAUSHA M. FRANCIS TO WILLIAM A. HOBBS, TRUSTEE FOR UNITED STATES DEPARTMENT OF AGRICULTURE, DATED MARCH 22, 2007 AND RECORDED AT BOOK 1035, PAGE 254, WILKES COUNTY REGISTRY. See Substitution of Trustee as recorded in Book 1282, Page 69, appointing Richard J. Kania as Substitute Trustee
TO: Tausha M. Francis
Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated March 22, 2007, securing indebtedness in the original principal amount of $99,500.00 as recorded in Deed of Trust Book 1035 at Page 254, Wilkes County Registry (hereinafter, the ‘’Deed of Trust’’), and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor 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 the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Wilkes County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on July 12, 2019 at 10:00 a.m. at the Wilkes County Courthouse at the usual place of sale designated by the Wilkes County Clerk, Wilkesboro, the real property in Mulberry Township, Wilkes County, North Carolina (including any improvements thereon) with the address of 180 Berrymill Lane, North Wilkesboro, N.C. 28659, and as described as follows:
A CERTAIN tract or parcel of land containing 0.67 acre, lying in Mulberry Township, Wilkes County, North Carolina, and being more particularly described as follows: BEGINNING on a one-half inch rebar found in place on the southern edge of the right of way for SR 1805, Berrymill Lane, said rebar being the northwest corner of Deed Book 973, Page 303; thence with the southern edge of said right of way, North 66 degrees 14 minutes 14 minutes East 120.00 feet to a one-half inch rebar found in place; thence leaving said right of way South 18 degrees 40 minutes 35 minutes East 259.48 feet to a one-half inch pipe found in place; thence South 76 degrees 26 minutes 34 minutes West 115.00 feet to a five-eighths inch rebar; thence North 19 degrees 52 minutes 25 minutes West 238.64 feet to the point of BEGINNING, containing 0.67 acre, by coordinate computation. Actual field survey done under the direction and supervision of Richard C. Current, Reg. No. L-756.
This description is subject to all notes on the plat of survey for Tausha M. Francis, Job # W0718, dated February 23, 2007, prepared by Current Surveying & Mapping, P.A.
The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Tausha M. Francis.
An order for possession of the property 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 County Clerk of Superior Court. Pursuant to N.C.G.S. §45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the 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 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 Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30(d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute 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 will have no further remedy.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896, ‘’Protecting Tenants at Foreclosure Act’’ which became effective on May 20, 2009.
Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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.
This the 24th day of June 2019.
Richard J. Kania
600-A Centrepark Drive
Asheville, North Carolina 28805