Details for 18SP105 BARKER


18 SP 105 AMENDED NOTICE OF FORECLOSURE SALE NORTH CAROLINA, ASHE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Steve Barker and Jenifer Barker to Sherrie Hodges, Trustee(s), which was dated April 26, 2002 and recorded on May 1, 2002 in Book 275 at Page 2223, Ashe County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for SALE AT THE COURTHOUSE DOOR OF THE COUNTY COURTHOUSE WHERE THE PROPERTY IS LOCATED, OR THE USUAL AND CUSTOMARY LOCATION AT THE COUNTY COURTHOUSE FOR CONDUCTING THE SALE ON JANUARY 25, 2022 AT 10:00 AM, and will sell to the highest bidder for cash the following described property situated in Ashe County, North Carolina, to wit: Being a tract of land located in Old Fields Township. Ashe County. North Carolina, bounded by the lands of, formerly of, or in possession of, on the east by Margaret Haynes, on the north by NCSR # 1111, on the west by Donald Woodard, and on the south by Donald Woodard and Tester Sutherland. and being more particularly described as follows: “BEGINNING on a 1/2” rebar set near a ridge, said rebar being the northeast corner of the Tester Sutherland properly C Deed Book M-3, page 1071 the most southeastern corner of the Margarel Havens property (Deed .Book C-4, page 557), and the most eastern corner of the tract herein described, thence with the Haynes line (an agreed line, Deed Book 180, page 1278) the following (3) calls: (1) North 61° 11 min. 50 sec. West for a distance of 1073.01 feet to anew !4” rebar, G) North 09° 23 min. 47 sec. East for a distance of 279.06 feet to a 1/2” rebar set at a 6”Black Gum, 0) North 09° 23 min. 47 sec. East for a distance of 34.07 feet to a point in the centerline of NCSR #111 1, thence with the centerline of said road the following (8) calls: (1) South 41° 21 min. 15 sec. West for a distance of 48.57 feet (2) South 54 °. 54 min. 14 sec. West for a distance of 31.03 feet, (3) South 67° 16 min. 26 sec. West for a distance of 82.93 feet, (1) South 550 30 min. 41 sec. West for a distance of 57.51 feet, (5) along a curve to the right having a radius of 35.52 feet and all arc length of 82.22 feet, being subtended by a chord of North 58° 11 min. 05 sec. West for a distance of 65.06 foot, (6) North 089 07 min. 08 sec. East for a distance of 71.35 feet, (7) along a curve to the left having a radius of 153.65 feet to an arc length of 105.00 feet, being subtended by a chord of North 11’ 27 min. 35 sec. West for a distance of 102.97 feet, (8) North 31° 02 min. 18 sec. West for a distance of 56.86 feet, (said point being located North 12° 24 min. 24 sec. Fast. 31.76 feet from a 1/2” rebar set as a reference point), thence leaving said road and running with the Donald Woodard line (Deed Book 145, page 18581 South 11° 00 min. 00 sec. West (crossing a !4” rebar set at 534.18 feet) for a total distance of 534.93 feet to an 8” marked Black Gum, thence With the Donald Woodard and Tester Sutherland line South 71° 00 min. 00 sec. East for a distance of 1340.61 feet to the point of BEGINNING, containing 5.00 acres, inclusive of the existing right of way of NCSR #1111, according to a survey by Billy W. Barr, RLS, L-1374, dated June 1991, Job NO. 901504. The above described property is the same property as recorded in Deed Book 226, Page 1101-1103 of the Ashe County Registry. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 3507 Big Flatts Church Road, Fleetwood, NC 28626. A certified check only (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Steve S. Barker and Jenifer H. Barker. An Order for possession of the property may be issued pursuant to 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. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of 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 the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 19-15523-FC01


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