SECOND NOTICE OF FORECLOSURE SALE
19 SP 31
Under and by virtue of the power of sale contained in that certain deed of trust executed by ROBERT T. SANDOVAL AND SALLY L. SANDOVAL dated February 23, 2015 to JENNIFER GRANT, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 1204, Page 23, 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 Wilkes 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 Wilkes and State of North Carolina, and more particularly described as follows:
Deed Description - 0.60 Acre Tract
A certain tract or parcel of land containing 0.60 acres lying and being in Boomer Township, Wilkes County, North Carolina being a portion of the land as conveyed to James H. Momb, III & Brenda L. Momb by deed recorded in Db. 1089, pg. 138, Wilkes County Registry (WCR). Bounded on the north by Bobby D. Marley, on all other sides by James H. Momb, III & Brenda L. Momb and being more particularly described by bearing rotated to Deed North - Db. 919, pg. 447 (WCR) as surveyed by Russell N. Vogel, P.L.S., L-3106 on July 12, 2007 with map revision dates of June 10, 2008, September 2, 2009, October 20, 2009 and December 27, 2010:
BEGINNING on a Hickory, said Hickory being a common corner of the land as conveyed to J. & F. Attachment & Supply Co., Inc. By deed recorded in Db. 628, pg. 551 (WCR), Bobby D. Marley by recorded in Db. 1003, pg. 123 (WCR), and Thomas & Kathy Hughes by deed recorded in Db. 753, pg. 002 (WCR), said Hickory being located South 01° 09’ 38” West 421.69 feet from an existing one-half inch re-bar in said J & F Attachment & Supply Co., Inc’s eastern line running thence from the point of BEGINNING with said Marley’s line North 73° 54’ 55” East 10.00 feet to a five-eighths inch re-bar set; thence continuing the same line North 73° 54’ 55” East 266.70 feet to a one-half inch re-bar set; thence continuing the same line North 73° 54’ 55” East 16.62 feet to a five-eights inch re-bar set in the center of an existing gravel road; thence a new line with said gravel road the following three (3) courses and distances: (1) South 20° 37’ 38” West 77.34 feet, (2) South 31° 22’ 45” West 93.44 feet, (3) South 29° 00’ 14” West 79.08 feet; thence a new line leaving said gravel road North 76° 59’ 19” West 16.88 feet to a one-half inch re-bar set; thence a new line North 30° 23’ 06” West 66.18 feet to a one-half inch re-bar set; thence a new line North 56° 04’ 03” West 141.82 feet to the point of BEGINNING, containing 0.60 acres by coordinate geometry.
TOGETHER WITH AND SUBJECT TO the following easement:
Right-of-Way along Existing Gravel Road
BEGINNING on a mag nail set in the centerline intersection of Russell Gap Road - S.R. 1114 and an existing gravel road and running thence from the point of BEGINNING along said gravel road the following thirteen (13) courses and distances: (1) South 30° 59’ 10” West 139.56 feet, (2) South 23° 36’ 54” West 58.77 feet, (3) South 07° 06’ 42” West 38.41 feet, (4) South 06° 26’ 14” East 90.14 feet, (5) South 07° 59’ 14” East 388.47 feet, (6) South 16° 23’ 50” East 84.52 feet, (7) South 13° 44’ 00” East 87.24 feet, (8) South 05° 03’ 19” East 52.03 feet, (9) South 06° 06’ 13” West 102.22 feet, (10) South 00° 12’ 48” East 89.35 feet, (11) South 20° 37’ 38” West 77.34 feet, (12) South 31° 22’ 45” West 93.44 feet, (13) South 29° 00’ 14” West 79.08 feet to a point in the center of said gravel road, said point being the ending point to the above described right-of-way, said point being located South 76° 59’ 19” East 16.88 feet from a one-half inch re-bar set.
PROPERTY ADDRESS/LOCATION: 1800 Russell Gap Road, Moravian Falls, N.C. 28654
DATE OF SALE: May 1, 2019
TIME OF SALE: 10:30 A.M.
LOCATION OF SALE: WILKES County Courthouse
RECORD OWNER(S): Robert T. Sandoval and Sally L. Sandoval
TERMS OF THE SALE:
(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 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 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.
This the 4th day of April, 2019.
SMITH DEBNAM NARRON DRAKE
SAINTSING & MYERS, L.L.P.
Jeff D. Rogers,
P.O. Box 176010
Raleigh, N.C. 27619-6010