Details for State Of North Carolina County Of Ashe
State Of North Carolina County Of Ashe Notice Of Sale 21 SP 32 UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust executed by Harold Lee Church, II, and Tonya K. Church, dated September 20, 2007, and recorded in Book 372 at Page 1260 in the Office of the Register of Deeds of Ashe County; and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 524 at Page 113 the Office of the Register of Deeds of Ashe County; and under and by virtue of that certain Authorization, Findings and Order entered by the Clerk of Superior Court of Ashe County on August 25, 2021, and of record in File 21 SP 32, default having been made in the payment of the indebtedness secured by said Deed of Trust and the said Deed of Trust being by its terms subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, and due notice having been given to those entitled to same, the undersigned Substitute Trustee will offer for SALE AT PUBLIC AUCTION, TO THE HIGHEST BIDDER, FOR CASH, AT THE COURTHOUSE DOOR IN JEFFERSON, ASHE COUNTY, NORTH CAROLINA, AT 10:00 A.M., ON SEPTEMBER 21, 2021, the land conveyed in said Deed of Trust, the same being owned of record by Harold Lee Church, II, and Tonya K. Church, and being more particularly described as follows: A certain tract or parcel of land containing 9.00 acres, lying and being in Peak Creek Township, Ashe County, North Carolina, being shown as Tract #1 on a survey by Blue Ridge Surveying on December 28, 1997, being bounded on the north by Tract #2, on the east by Secondary Road #1157, on the south by Charles F. Tucker, and on the west by W.A. Atwood Estate, being a portion of the land conveyed to James W. Church by deed recorded in Deed Book M-4, Page 576, Ashe County Registry, (ACR), and being more particularly described as follows: BEGINNING on a point in the center of S.R. #1157, said point being the southeast corner of Tract #2, thence with said road the following three (3) courses and distances, (1) South 07 degrees 14’ 48” East 44.42 feet; (2) South 02 degrees 07’ 35” East 174.45 feet; (3) South 04 degrees 52’ 36” East 82.43 feet, thence leaving said road with the northern line of the land conveyed to Charles F. Tucker by deed recorded in Db. 146, P. 475, ACR. South 01 degrees 40’ 11” East 50.82 feet to a 5/8” rebar set; thence South 05 degrees 57’ 08” West 142.25 feet to a 5/8” rebar set; thence South 74 degrees 16’ 22” West 580.00 feet to a 5/8” rebar set at a post, thence with the eastern line of the land of W.A. Atwood Estate North 20 degrees 28’ 15” West 337.25 feet to a 5/8” rebar set at a post; thence North 30 degrees 06’ 24” West 385.26 feet to a 5/8” rebar set, said rebar being a new corner of Tract #1 and Tract #2; thence with the southern line of Tract #2 South 86 degrees 32’ 46” East 755.76 feet to a 5/8” rebar set; thence North 67 degrees 01’ 59” East 95.74 to a 5/8” rebar set; thence continuing North 67 degrees 01’ 59” East 22.95 feet to the point of BEGINNING, containing 9.00 acres by coordinate geometry as surveyed by John M. Myers RLS. L-3618 on December 28, 1997. The above-described property was acquired by the Grantor in Book 251, pages 1425 and following, Ashe County Registry, said document incorporated by reference as though fully set out herein. chuhar1t.sr Together with all the buildings, fixtures and improvements thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing, ventilating, lighting goods, equipment and other tangible and intangible property, attached to or reasonably necessary to the use of such premises. The aforesaid sale will be made subject to all encumbrances existing prior to the recording of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be subject to all taxes and special assessments outstanding against the property. 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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Should the property be purchased by a party other than the holder of the Deed of Trust being foreclosed, that purchaser must pay, in addition to the amount bid, the following items: (i) the tax required by N.C. Gen. Stat. Section 7A-308(a)(1) of Forty-five Cents (45¢) per One Hundred Dollars ($100) of the bid amount up to a maximum tax of Five Hundred Dollars ($500), and (ii) the excise tax on conveyance required by N.C. Gen. Stat. Section 105-228.28 et seq. of One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount. The successful bidder at the sale may be required to make an immediate cash deposit of the greater of five percent (5%) of the amount bid or Seven Hundred Fifty and no/100 Dollars ($750.00). The upset bids procedure of North Carolina General Statute Section 45-21.27 is applicable to this sale. The following applies if the property being sold is residential real property with less than 15 rental units, including single-family residential real property: (1) Pursuant to NCGS Section 45-21.29, the clerk of superior court of the county in which the property is sold may issue an order of possession of the property in favor of the purchaser and against the party or parties in possession. (2) Any person who occupies residential real property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this 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 [of termination] 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. The tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Date of Notice: August 25, 2021 _____________ Chelsea B. Garrett Substitute Trustee 642 West King Street Boone, NC 28607 828-264-6126 This communication is an attempt to collect a debt and any information obtained will be used for that purpose.