Details for McDowell


15 SP 175 AMENDED NOTICE OF FORECLOSURE SALE NORTH CAROLINA, MCDOWELL COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Daisy M. Gardner a/k/a Daisy Mae Logan to Thomas T. Atkinson, Trustee(s), which was dated October 21, 2004 and recorded on October 21, 2004 in Book CRP 799 at Page 778, McDowell 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 March 2, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in McDowell County, North Carolina, to wit: BEING THE SAME IDENTICAL PROPERTY DESCRIBED in Deed Book 255 at Page 259 of the McDowell County Deed Registry, hereby incorporated by reference as if fully set out and to which reference is hereby made and being more fully described as follows: BEING LOTS NUMBER ONE (1), TWO (2), THREE (3), AND FOUR (4) IN BLOCK EIGHT (8) OF THE J.C. COLE SUBDIVISION OF THE SALISBURY LANDS, according to plat of same recorded in Map Book 1, at Page 102, of the McDowell County Deed Records. EXCEPTING AND RESERVING, HOWEVER, from the same that portion of said lands which were sold and conveyed by Isom McAfee and wife, Sarah McAfee to Jackson Steppe by deed dated December 5, 1914, which is recorded in Deed Book 51, at Page 61, of McDowell County Deed Records, said excepted portion being described by metes and bounds as follows: BEGINNING on a stake on the Salisbury corner near Jack Steppe's porch and runs East with Jack Steppe's line 90.00 feet to a stake; thence, North 135.00 feet to the street; thence, West with the street to Kelton Steppe's line; thence, with Kelton Steppe and Jack Steppe's line to the BEGINNING. The same being all of Lot Number Four (4) and a part of Lot Number Three (3), in Block Eight (8) of the J. C. Cole Subdivision of the Salisbury lands, plat of which is recorded in Map Book 1 at Page 102, of McDowell County Deed Records. AND BEING THE SAME LANDS described in that certain deed from Albert Sykes to Charles William Logan and wife, Daisy Mae Logan, dated October 16, 1968, and which is recorded in Deed Book 201, at Page 478, of McDowell County Deed Records. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 240 Baptist Side Road, Old Fort, NC 28762. 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 All Lawful Heirs of Daisy Mae Logan. 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.: 15-21852-FC01 Publish: 02/14/2018, 02/21/2018