NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, 19-SP-22, In the Matter of the Foreclosure of the Deed of Trust and Security Agreement executed by Brushy Mountain Bee Farm, Inc., Grantor, to Old Republic National Title Insurance Company, Original Trustee, As recorded in Book 1196, Page 275 of the Wilkes County Public Registry.
See Substitution of Trustee which Substitutes Anthony S. di Santi as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 1279, Page 184 of the Wilkes County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from Brushy Mountain Bee Farm, Inc. to Old Republic National Title Insurance Company (the “Original Trustee”) for the benefit of Enterprise Bank & Trust recorded in Book 1196, Page 275 of the Wilkes County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property commonly known as 1204 Industrial Park Drive, Wilkesboro, North Carolina and more particularly described in Exhibit A attached to the Deed of Trust (which description is fully incorporated herein by reference), together with all rights, privileges and appurtenances thereto (the “Property”).
Beginning on an iron pin found the southwestern corner of Wade Jones Miller (Deed Book 829 Page 716) in the eastern line of James Steven Snider and Sharon L. Snider (Deed Book 658 Page 836) being the northeastern corner of Tract 5 and the southeastern corner of Tract 2 of Boundary Survey for Ryder and Rittoff A Partnership (Plat Book 07 Page 111) said iron pin being located South 60 43 40 East, 1532.82 from an NCGS monument SIXTEEN having gnd coordinates of Northing=266880.791 meters Easting=415070.990 meters (NAD 83) and said iron pin being located South 21 36 57 West 327.07 from an iron pin found.
Thence with Miller South 87 57 35 East, passing an angle iron found in the eastern margin of a 200’ wide right of way at 208.94 and passing a point in the eastern margin of a 50’ wide road easement (Deed Book 534 Page 088) at 262.79 and passing an iron pin found on the western bank of Cub Creek at 577.57 for a total distance of 595.38 to a point in the center of said Cub Creek a corner to JORR LLC (Deed Book 931 Page 194).
Thence up and with the center of said Cub Creek South 26 05 15 East passing into a western line of Russell W. Gambill et al (Deed Book 922 Page 426) for a total distance of 113.34 to a point.
Thence with Gambill et al up the center of said Cub Creek the following six (6) calls
South 15 03 58 West 70.00
South 47 52 33 West 67.15
South 16 20 37 West 112.54
South 22 28 39 East 80.74
South 35 13 22 West 148.80
South 09 56 12 East 116.05 to a spike found in a bridge the centerline of Industrial Park Road (SR 2516) said spike being located North 73 55 26 West, 167.55 from an iron pin found.
Thence with the centerline of said Industrial Park Road North 64 13 39 West 118.46 to a spike found at corner to William Michael Walker and Debbie Lynn Walker (Deed Book 901 Page 368) in the western line of a 30’ wide right of way.
Thence leaving said Industrial Park Road with the eastern line of Walker and the western line of said 30’ wide right of way North 14 33 47 East passing a 1/2 rebar set at the northern right of way of said Industrial Park Road at 31.22 for a total distance of 208.98. Thence leaving said 30’ wide right of way North 69 32 53 West passing a 1/2 rebar set at 137.66 for a total distance of 138.02 to a point beneath a foundation a corner in an eastern line of Michael S. Kerhoulas (Deed Book 1031 Page 130).
Thence with Kerhoulas North 20 26 14 East 20.75 to an iron pin found. Thence North 03 38 56 West 46.89 to an iron pin found. Thence North 17 21 07 East 11.59 to an iron pin found. Thence North 68 37 38 West, 151.24 to an iron pin found in the eastern margin of said 50’ wide road easement (Deed Book 534 Page 088). Thence South 21 44 20 West with said eastern margin of said 50’ wide road easement passing a 1/2 rebar set at the northern right of way of said Industrial Park Road at 218.55 for a total distance of 249.80 to a spike found in the centerline of said Industrial Park Road.
Thence with the centerline of said Industrial Park Road the following three (3) calls
North 62 56 45 West 74.78
North 55 39 53 West 105.37
North 42 09 28 West 82.26 to a spike found the southernmost corner of said Tract 5
Thence with Snider and the eastern line of Tract 5 North 22 26 46 East passing a 1/2 rebar set in the northern margin of said Industrial Park Road at 33.15 for a total distance of 304.30 to the POINT OF BEGINNING
Said property contains 5.48 Acres by coordinate calculations.
Reference A portion of Deed Book 564 Page 405 See also rights of way Deed Book 195 Page 491 Deed Book 534 Page 088 Deed Book 594 Page 178 Deed Book 901 Page 368 and Plat Book 07 Page 111.
Property is located in Town of Wilkesboro, Wilkes County, North Carolina.
The record owner of the Property as reflected by the records of the Register of Deeds of Wilkes County not more than ten (10) days prior to the posting of this Notice was Brushy Mountain Bee Farm, Inc.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed 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 of the 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 said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: April 18, 2019
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wilkes County Courthouse
This the 27th day of February, 2019
Anthony S. di Santi,
di Santi Watson Capua
Wilson & Garrett, PLLC
642 West King Street
P.O. Box 193
Boone, North Carolina 28607
Telephone: (828) 264-6126