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DRA 14041771 NORTH CAROLINA CATAWBA COUNTY IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 17 SP 379 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DANIEL WILLIAM HIPPS DATED December 23, 1998 AND RECORDED IN BOOK 2122, PAGE 1168, CATAWBA COUNTY REGISTRY, TO JERONE C. HERRING, TRUSTEE. SECOND NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in that certain deed of trust executed by DANIEL WILLIAM HIPPS dated December 23, 1998 to JERONE C. HERRING, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 2122, Page 1168, CATAWBA County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of CATAWBA County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of CATAWBA and State of North Carolina, and more particularly described as follows: Being all of that Condominium Unit designated as Condominium Unit No. 4 of Quail Run Condominium as referred to in the "Declaration of Condominium for Quail Run Condominium: recorded in Book 1278 at Page 38 in the Office of the Register of Deeds of Catawba County, North Carolina, and more particularly described in certain Plans for Quail Run Condominiums recorded in Condominium Book1, Unit 13, in the Office of the Register of Deeds of Catawba County, North Carolina, which Declaration and Plans are incorporated herein by reference for a more specific description of said Unit and a 1.2262 percent undivided interest as tenant in common in and to the Common Areas and Facilities of Quail Run Condominium as referred to in Paragraph 206 the above-described Declaration and located on the land described and designated in said Declaration, to which reference is made for a more particular description of said Common Area and Facilities. Back Reference: Book 2014, Page 328; Book 1802, Page 1096; Book 1738, Page 270; Book 1582, Page 912; Book 1308, Page 661; Book 1296, Page 554; all of the Catawba County Registry. PROPERTY ADDRESS/LOCATION: 1050 21st Ave., NW, Unit 4 Hickory NC 28601 DATE OF SALE: December 19, 2017 TIME OF SALE: 10:30 A.M. LOCATION OF SALE: CATAWBA County Courthouse RECORD OWNER(S): Heirs of Daniel William Hipps TERMS OF THE SALE: (1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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. (6) An order for possession of the property being sold 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. (7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee's attorney, or the Substitute Trustee. This the 9th day of November, 2017. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. _______________ Cara B. Williams, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 Fax: (919)250-2211 *** This communication is from a debt collector. The purpose of this communication is to collect a debt. Publish: December 6, 2017 and December 13, 2017

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