Details for Burke


IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION BURKE COUNTY 17sp257 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM TATE AND JANISE TATE DATED MAY 3, 2006 AND RECORDED IN BOOK 1563 AT PAGE 537 IN THE BURKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on February 27, 2018 the following described real estate and any other improvements which may be situated thereon, in Burke County, North Carolina, and being more particularly described as follows: BEGINNING on an iron pipe on East edge of Kirk Street, Edward Bingham's corner and runs with Kirk Street South 14-1/2° East 100 feet to an iron stake; thence North 76º East with Hunter's line 132 feet to an iron pipe, a corner of Lot sold to Graybeal and being 100 feet from Center St,; thence North 12° West with the line of Graybeal and being 100 feet from Center St. 100 feet to an iron pipe, Graybeal's corner and being 100 feet from Center St. in Bingham's line; thence South 76° West with Bingham's line 133 feet to the beginning corner. Back reference: Book 834, page 441, Burke County Registry. Property address: 207 Kirk St., Morganton, NC 28655 And Being more commonly known as: 207 Kirk St, Morganton, NC 28655 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Janise Tate and William Tate. 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 9, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 16-078485 Posted: __________________ By: __________________ Publish: 02-13-2018 and 02-20-2018