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17 SP 259 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, CATAWBA COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Robert Morgan and Christy A. Morgan to Greg Fisher, Trustee(s), which was dated May 25, 2006 and recorded on May 30, 2006 in Book 02754 at Page 0197 and rerecorded/modified/corrected on January 7, 2009 in Book 2948, Page 1579 and rerecorded/modified/corrected on November 13, 2017 in Book 3426, Page 1763, Catawba County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on April 30, 2018 at 2:00PM, and will sell to the highest bidder for cash the following described property situated in Catawba County, North Carolina, to wit: Tract 1: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE CITY OF , HICKORY TOWNSHIP, CATAWBA COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN SET, SAID IRON PIN BEING LOCATED AT THE NORTHEASTERN CORNER OF THE PROPERTY OF TERESA B. SMITH, AS CONVEYED TO HER AT BOOK 1446, AT PAGE 187, IN THE CATAWBA COUNTY REGISTER OF DEEDS OFFICE, AS SHOWN ON PLAT BOOK 21, AT PAGE 42, SAID IRON PIN SET BEING LOCATED AT THE SOUTHEASTERN CORNER OF AN EXISTING 45 FOOT RIGHT OF WAY TO SR 2906, SAID RIGHT OF WAY BEING SHOWN ON PLAT BOOK 21, AT PAGE 42, SAID CORNER BEING LOCATED 634.33 FEET, MORE OR LESS, FROM S.R. 2906; AND RUNNING FROM SAID BEGINNING POINT WITH THE SOUTHERN EDGE OF A 45-FOOT RIGHT OF WAY SOOTH 80 DEGREES 54' 34" EAST 219.27 FEET TO AN IRON PIN SET, SAID IRON PIN BEING LOCATED AT THE SOUTHEASTERN CORNER OF SAID 45 FOOT RIGHT OF WAY, AND SAID IRON PIN SET BEING A NEW CONTROL CORNER IN THE WESTERN PROPERTY IN NEW PROPERTY LINE OF GREER B. BLUFF; THENCE RUNNING A NEW PROPERTY LINE WITH GREER B. LUFF SOUTH 21 DEGREES 35' 27" EAST 154.39 FEET TO AN IRON PIN SET, SAID IRON PIN BEING LOCATED SOUTH 83 DEGREES 46' 31" WEST 214.40 FEET FROM AN IRON PIN FOUND AT MURL RAY SMART'S CORNER, SAID IRON BEING SET IN THE NORTHERN PROPERTY LINE OF MURL RAY SMART, JR. AS SHOWN AT BOOK 1017, AT PAGE 315, IN THE CATAWBA COUNTY REGISTER OF DEEDS OFFICE; THENCE: RUNNING WITH.THE NORTHERN PROPERTY LINE OF SMART SOUTH 83 DEGREES 46' 31" WEST 280.63 FEET TO AN IRON PIN SET, SAID LINE OF SMART SOUTH 83 DEGREES 46' 31" WEST 280.63 FEET TO AN IRON PIN SET, SAID IRON PIN BEING THE SOUTHEASTERN CORNER OF THE PROPERTY OF TERESA B.SMITH AND BEING LOCATED NORTH, 83 DEGREES 46' 31" EAST 385. 77 FEET FROM THE OTHER CORNER OF MURL RAY SMART; THENCE RUNNING WITH THE EASTERN PROPERTY LINE OF SMITH NORTH 1 DEGREE 33' 08" EAST 208.70 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.000 ACRE MORE OR LESS, ACCORDING TO APLAT AND SURVEY ENTITLED "PROPERTY OF GREER B. BUFF AND WIFE, BETTY JANE BUFF, HICKORY TOWNSHIP. CATAWBA COUNTY, NORTH CAROLINA," SAID PLAT SURVEY BEING DATED MAY 20, 1991, AND RECORDED IN THE REGISTER OF DEEDS OFFICE, WITH REFERENCE ON SAID PLAT TO DEED BOOK 897, AT PAGE 386, SAID PLAT BEING DONE BY BOLCH SURVEYING COMPANY, INC. ALSO CONVEYED THIS DAY IS A 45 FOOT RIGHT OF WAY TO THE GRANTEES, SAID RIGHT OF WAY RUNNING ALONG THE NORTHERN BOUNDARY OF THE ABOVE DESCRIBED TRACT, SAID RIGHT OF WAY TO RUN WITH THE LAND, AND IS GRANTED TO THE GRANTEES, THEIR HEIRS AND ASSIGNS FOREVER. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE IRON PIN SET. SAID IRON PIN BEING LOCATED AT THE NORTHEASTERN CORNER OF THE PROPERTY OF TERESA B. SMITH, AS CONVEYED TO HER AT BOOK 1446, AT PAGE 187, INT EH CATAWBA COUNTY REGISTER OF DEEDS OFFICE, AS SHOWN ON PLAT BOOK 21. AT PAGE 42. SAID IRON PIN SET BEING LOCATED AT THE SR 2906 AND THENCE RUNNING WITH THE NORTHERN PROPERTY LINE OF THE 1.000 ACRE TRACT ABOVE DESCRIBED SOUTH 80 DEGREES 54' 34" EAST 219. 27 FEET TO AN IRON PIN SET, BEING A CONTROL CORNER AND BEING A NEW POINT IN THE PROPERTY LINE OF GREER B. BUFF; THENCE RUNNING WITH THE NEW PROPERTY LINE OF BUFF NORTH 21 DEGREES 35' 27" WEST 52.32 FEET TO A POINT; THENCE CONTINUING A NEW LINE WITH THE PROPERTY OF GREER B. BUFF NORTH 80 DEGREES 54' 34" WEST 198.52 FEET TO A POINT, SAID POINT BEING LOCATED AT THE NORTHEASTERN CORNER OF THE EXISTING 45 FOOT RIGHT OF WAY TO SR 2906 AS SHOWN AT PLAT BOOK 21 AT PAGE 42; THENCE RUNNING WITH THE EASTERN EDGE OF SAID AFOREMENTIONED 45 FOOT RIGHT OF WAY SOUTH 1 DEGREE 33' 08" WEST 45.39 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.216 ACRES, MORE OR LESS, AND BEING A 45 FOOT RIGHT OF WAY, ACCORDING TO SAID PLAT AND SURVEY REFERRED TO HEREINABOVE. Tract 2: BEGINNING AT A POINT LOCATED IN THE NORTHERN MARGIN OF A PRIVATE DRIVE, WHICH SAID POINT IS LOCATED 6.60 FEET, MORE OR LESS, FROM A POINT IN THE SOUTHERN LINE OF DONALD R. BUFF (DEED BOOK 1817, PAGE 1418), SAID POINT ALSO BEING IN THE LINE OF GREER BUFF (DEED BOOK 2006, PAGE 392), AND CONTINUING THENCE WITH THE NORTHERN MARGIN OF SAID PRIVATE DRIVE SOUTH 70 DEG. 53' 41" EAST 213.99 FEET TO AN IRON PIN, WHICH SAID IRON PIN IS LOCATED 15.70 FEET, MORE OR LESS, FROM A POINT IN THE SOUTHERN LINE OF DONALD R. BUFF (DEED BOOK 1817, PAGE 1418) AND ALSO BEING IN THE LINE OF GREER BUFF (DEED BOOK 2006, PAGE 392); THENCE SOUTH 14 DEG. 04' 11" WEST 22.59 FEET TO AN IRON PIN; THENCE WITH GREER BUFF'S LINE SOUTH 14 DEG. 04' 09" WEST 90.61 FEET TO AN IRON PIN; THENCE NORTH 80 DEG. 55' 30" WEST 219.18 FEET TO AN IRON PIN IN THE EASTERN LINE OF TERESA BUFF SMITH (BOOK 1446, PAGE 187); THENCE NORTH 16 DEG. 01' 58" EAST 128.62 FEET TO AN IRON PIN; THENCE NORTH 16 DEG. 02' 01" EAST 22.53 FEET TO THE POINT AND PLACE OF BEGINNING. THE ABOVE DESCRIPTION BEING A 0.66 ACRE, MORE OR LESS, TRACT ACCORDING TO A SURVEY ENTITLED, PROPERTY OF ROBERT JOE MORGAN, JR. AND WIFE, CHRISTY A. MORGAN, BY HENLINE, INC. FOR PARTIAL CHAIN OF TITLE, SEE BOOK 2006, AT PAGE 393, CATAWBA COUNTY REGISTRY. THE ABOVE-DESCRIBED PROPERTY IS SUBJECT TO A 45-FOOT RIGHT-OF-WAY TO S.R. 2906 AS SHOWN ON PLAT BOOK 21, AT PAGE 42, OF THE CATAWBA COUNTY REGISTRY. ADDRESS: 4053 MAMA'S GARDEN DR.; HICKORY, NC 28602 TAX MAP OR PARCEL ID NO.: 3700-08-98-5405 Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 4053 Mama's Garden Drive, Hickory, NC 28602. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Robert Joe Morgan, Jr., and wife, Christy A. Morgan. An Order for possession of the property may be issued pursuant to 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 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 the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS § 45-21.16A(b)(2)]. 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. 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. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 17-06541-FC01 Publish: 04/15/2018, 04/22/2018

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