NOTICE OF SALE
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION WILKES COUNTY.
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROY HERBERT GRIMES AND BARBARA HACKETT GRIMES DATED NOVEMBER 7, 2006 AND RECORDED IN BOOK 1025 AT PAGE 423 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 10:00AM on August 1, 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:
Beginning on a stake on the Southwest bank of the Fairplains Road at a point South 2º West 66 feet from a stone at the old chestnut corner, and running South 2º West 657 feet to a stone at the old persimmon corner; thence North 74º 5’ East 103 feet to a stake; thence North 2º East 493 feet to a stake; thence North 15º East 100 feet to a stake on the bank of the road; thence North 73º West along the road, 125 feet to the point of beginning, containing 1-1/2 acres more or less, and being a part of the Grimes 13-3/4 acre tract.
Excepted from this conveyance, and the above described tract is that lot containing 0.282 acres, owned and reserved by the Grantors unto themselves, and being described as follows:
Beginning at an iron pin at the Southwestern corner of that right of way granted to the Grantors herein in that conveyance recorded in Book 541, Page 507, Wilkes County Registry, reference to which is hereby made for a more adequate description, running thence South 88º 00’ East 96.25 feet to an iron pin set; thence South 2º 00’ West 125 feet to an iron pin set; thence North 88º 00’ West 98.25 feet to an iron pin set; thence North 2º 00’ East 125 feet to an iron pin set in the Eastern edge of a soil road, the point and place of beginning, containing 0.282 acres, more or less, according to a property survey for Don Gilreath performed by Donald H. Carpenter, Registered Surveyor, R.L.S. L-1385, under the date of December, 1975.
Further excepted from the terms of this conveyance is that permanent and perpetual easement and right of way given in favor of the Grantors herein that deed recorded in Book 541, Page 507, Wilkes County Registry, reference to which is hereby made for a more certain description.
And Being more commonly known as: 1058 Fairplains Rd, North Wilkesboro, NC 28659
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Roy Grimes.
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 July 11, 2019.
Grady I. Ingle or
Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216