Details for Burke


Case No: 1193106 (FC.FAY) NOTICE OF FORECLOSURE SALE 16 SP 318 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Salena Pangdeu Hang to Jennifer Grant, Trustee(s), dated the 5th day of June, 2013, and recorded in Book 2090, Page 85, in Burke County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Burke County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Morganton, Burke County, North Carolina, or the customary location designated for foreclosure sales, at 2:30 PM on December 20, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Burke, North Carolina, and being more particularly described as follows: BEGINNING at a point in the centerline of SR-1734, the same being the northwest corner of the Rebecca O. Brown property and runs with the western line of the Brown property the following three (3) courses and distances; South 2 deg. 24' West 42.14 feet to an iron pipe found at the top of the bank, South 70 deg. 21' East 44.67 feet to an iron pipe found, South 15 deg. 3' East 147.02 feet to an iron pipe found, thence with the Brown line and the Cathy O. Lake property the following two (2) courses and distances; South 88 deg. 48' West 242.48 feet to an iron pipe found, South 81 deg. 39' West 214.97 feet to an angle iron found in the centerline of a paved drive, thence North 23 deg. 37' East 82.37 feet to an iron pipe in the paved drive, thence North 27 deg. East 119.50 feet to an iron pipe, thence North 47 deg. East 103.80 feet to a point in SR 1734, thence South 85 deg. 20' 50" East 214.17 feet to the point of BEGINNING and containing 1.768 acres, more or less. This description is taken from a survey entitled "David W. Oaks, II and wife, Gail R. Oaks, to Manley Wilson Bradshaw, Jr. (single)" prepared by Piedmont Surveying Co., dated September, 1987. Together with improvements located thereon; said property being located at 5094 Millstone Avenue, Valdese, North Carolina. BACK REFERENCES: Book 1873, Page 318, Book 732, Page 1523, Burke County Registry. See also Book 732, Page 1001, Book 512, Page 508, Book 469, Page 554, Book 214, Page 270, Book 180, Page 511, Book 178, Page 196, Book 67, Page 181, Burke County Registry. SUBJECT TO the Right of Way of SR 1734. SUBJECT TO a Water Line Easement retained to that deed recorded in Book 732, Page 1523, Burke County Registry. SUBJECT TO that driveway right of way described in Book 512, Page 509, Burke County Registry. Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23. Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1). 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 representative 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. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws. A deposit of five percent (5%) of the purchase price, 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. 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. Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property An order for possession of the property 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. 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 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 not more than 90 days, after the sale date contained in this notice of 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 Case No: 1193106 (FC.FAY) Publish: 12/06/2017 and 12/13/2017