18 SP 151 (duplicate)

Alleghany County

Under and by virtue of the power of sale contained in that certain deed of trust executed by dated December 7, 2005 to BB&T COLLATERAL SERVICE CORPORATION, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 289, Page 264, ALLEGHANY County Registry and in Book 994, Page 320, WILKES County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of ALLEGHANY County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of ALLEGHANY and State of North Carolina, and more particularly described as follows:

BEING All of Lot No. 25 of Spring Mountain Preserve Phase I and II, as shown on that certain plat of survey recorded in Plat Book 10, Pages 179-182, Amended in Book 10, Page 186, in the Office of the Register of Deeds for Wilkes County, North Carolina, and that certain plat of survey recorded in Plat Book 9, Page 392, in the Office of the Register of Deeds for Allegheny County, North Carolina, which plats are incorporated herein by reference as if fully set out.

SUBJECT TO that certain Declaration of Easements, Covenants, Conditions and Restrictions for Spring Mountain Preserve Phase I and II, as recorded in Book 988, Page 343 in the Office of the Register of Deeds for Wilkes County and in Book 286, Page 514 in the Office of the Register of Deeds for Allegheny County.

This conveyance is expressly made subject to the easements, covenants and restrictions for Spring Mountain Preserve recorded in Book 988, Page 343 of the Wilkes County Registry. Appended to that document was a proposed agreement governing the Spring Mountain Preserve Water Association, Inc. The Grantees herein expressly elect to join said Association and to be bound by all obligations set forth in said agreement in return for receipt of benefits set forth therein for so long as they remain members in good standing.

PROPERTY ADDRESS/LOCATION: Lot 25 Spring Mountain Preserve on Spring Mountain Road, Laurel Springs, N.C. 28644

DATE OF SALE: May 30, 2019

TIME OF SALE: 10:30 A.M.




(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.

(2) The property is being sold “as is.” Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.

(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.

(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.

(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this Second Notice of Foreclosure 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 this Second Notice of Foreclosure Sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.

(6) An order for possession of the property being sold 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 Clerk of Superior Court of the county in which the property is sold.

(7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Substitute Trustee.

(8) See also 18 SP 151 filed in the Office of the Wilkes County Clerk of Court.

This the 25th day of April, 2019.



Jeff D. Rogers, Substitute Trustee

P.O. Box 26268

Raleigh, N.C. 27611-6268

(919) 250-2000

Fax: (919)250-2211

*** This communication is from a debt collector. The purpose of this communication is to collect a debt.


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