NOTICE OF SALE
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA, SUPERIOR COURT DIVISION, WILKES COUNTY, 19SP27, IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PAMELA BURNS CHESTER AKA PAMELA ANNETTE BURNS CHESTER AND MICHAEL RUNION DATED JUNE 2, 2009 AND RECORDED IN BOOK 1094 AT PAGE 417 IN THE WILKES COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00 A.M. on May 2, 2019 the following described real estate and any other improvements which may be situated thereon, in Wilkes County, North Carolina, and being more particularly described as follows:
ALL THAT CERTAIN PARCEL OF LAND SITUATED IN TOWNSHIP OF BEAVER CREEK BEING KNOWN AS ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN BEAVER CREEK TOWNSHIP, WILKES COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT I: BEGINNING ON AN IRON STAKE, JOHN PAYNE AND HORACE WALSH’S CORNER, IN MCELWEE, SMOAK AND FINLEY’S EAST WEST LINE AND RUNNING SOUTH 16 DEGREES WEST 1282 FEET TO JOHN PAYNES EAST WEST LINE; THEN SOUTH 87 DEGREES EAST 619 FEET WITH SAID LINE TO AN OAK STUMP AND IRON PIPE, JOHN PAYNE AND HADLEY PHILLIPS CORNER; THEN WITH PHILLIPS’ LINE, NORTH 14 DEGREES 20 MINUTES EAST 469 FEET TO THE CENTER OF AN OLD DULA SPRING, JOHN PAYNE AND HADLEY PHILLIPS CORNER; THENCE SOUTH 73 DEGREES WEST 500 FEET TO AN IRON STAKE; THENCE NORTH 4 DEGREES EAST 943 FEET TO THE BEGINNING, AND ADJOINING THE LANDS OF MCELWEE, SMOAK, FINLEY AND HADLEY PHILLIPS.
TRACT II: ADJOINING THE LANDS OF HORTON HEIRS, MCELWEE, SMOAK, FINLEY AND DAVID PEARSON. BEGINNING ON A DOUBLE MAPLE IN THE HORTON LINE, RUNNING SOUTH 5 DEGREES WEST 21 FEET TO A LARGE WHITE OAK IN HADLEY PHILLIPS LINE, JOHN PAYNE AND DAVID PEARSON’S CORNER; THEN NORTH 88 DEGREES 20 MINUTES WEST WITH PHILLIPS LINE 55 AND ONE-HALF FEET TO THE CENTER OF THE OLD DULA SPRING, JOHN PAYNE’S AND HADLEY PHILLIPS CORNER; THEN SOUTH 73 DEGREES WEST 500 FEET TO AN IRON STAKE; THEN NORTH 4 DEGREES EAST 943 FEET TO A STAKE IN MCELWEE, SMOAK AND FINLEYS LINE; THENCE WITH SAID LINE SOUTH 78 DEGREES 9 MINUTES EAST 545 FEET TO AN IRON STAKE IN THE HORTON LINE; THEN SOUTH WITH THE HORTON LINE 39 FEET TO THE BEGINNING.
AND BEING MORE FULLY DESCRIBED IN DEED BOOK 949 PAGE 410 RECORDED ON 2004-07-02 AMONG THE LAND RECORDS OF WILKES COUNTY, N.C. BEING THE SAME PROPERTY CONVEYED TO MICHAEL RUNION, PAMELA ANNETTE BURNS CHESTER BY DEED FROM SHIRLEY BURNS, RALPH BURNS DATED 2004-06-10, RECORDED 2004-07-02 DEED BOOK 949 PAGE 410.
And Being more commonly known as: 1125 Pearson Mtn. Rd., Boomer, N.C. 28606
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Pamela Annette Burns Chester.
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee or the holder of the note make any representation or 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is April 11, 2019.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, N.C. 28216