Details for Cabarrus


IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION CABARRUS COUNTY 18sp113 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY HERMAN D. DRYE AKA H. D. DRYE AND PEGGY G. DRYE DATED MAY 19, 2008 AND RECORDED IN BOOK 8734 AT PAGE 105 IN THE CABARRUS 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 10:00AM on June 25, 2018 the following described real estate and any other improvements which may be situated thereon, in Cabarrus County, North Carolina, and being more particularly described as follows: Lying and Being in the City of Kannapolis, Number Four (4) Township of Cabarrus County, North Carolina on the West side of Maryland Avenue and Being all of Lot Number Forty Three (43) and a part of Lot Numbers Forty Four (44), Forty Two (42), and Forty One (41) in Block Three (3) as shown on the map of ROYAL OAKS, as surveyed and platted, a copy of which plat is filed in the Office of the Register of Deeds for Cabarrus County in Map Book 5, Page 82, and being more fully described as follows: BEGINNING at an iron stake on the West side of Maryland Avenue, front corner of Lot Numbers 40 and 41 (said Beginning point being North 04-30 West 139.S feet from the Northwestern Corner of the intersection of Mt. Olivet Avenue and Maryland Avenue) and runs thence South 85-30 West 140.0 feet along the Northern edge of Lot Number 40 to a stake, a new corner in the line of Lot Numbers 40 and 41; thence a new line running parallel with the 140.0 feet West of the Western side of Maryland Avenue North 04-30 West 50.0 feet to an Iron stake, a new corner in the line of Lot Numbers 42 and 43; thence South 85-30 West 50.0 feet along the Northern edge of Lot Number 42 to a stake, rear corner of Lot Numbers 42 and 43; thence North 04-30 West 34.0 feet along the rear line of Lot Number 43 and a part of Lot Number 44 to a stake, a new corner in the back line of 1...ot Number 44; thence a new line through Lot Number 44, running 9.0 feet North of and parallel with the dividing line of Lot Number 43 and 44 North 85.30 East 190.0 feet to an iron stake, a new corner on the West side of Maryland Avenue; thence South 04-30 East 84.0 feet along the Western edge of Maryland Avenue to the point of BEGINNING. And Being more commonly known as: 2810 Maryland Ave, Kannapolis, NC 28083 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Peggy G. Drye. 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 June 4, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 18-097841 Posted: __________________ By: __________________ Publish: 06-13-2018 and 06-20-2018