Details for Burke


Case No: 1244099 (FC.FAY) NOTICE OF FORECLOSURE SALE 18 SP 280 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sandra T. Muller and Michael K. Muller (PRESENT RECORD OWNER(S): Sandra T. Muller) to Shapiro & Kreisman, Trustee(s), dated the 26th day of July, 2007, and recorded in Book 1690, Page 251, 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 19, 2018 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: The land referred to in this exhibit is located in the County of Burke and the State of North Carolina in Deed Book 791 at Page 1772 and described as follows: All that certain lot or parcel of land situated in the City of Connellys Springs, Icard Township, Burke County, North Carolina and more particularly described as follows: Beginning at a point in the centerline of Shady Grove Road (S.R. 1608), in the northwest corner of the John Edward Roth property described in Deed Book 767, Page 910 in the Office of the Register of Deeds for Burke County and running with the centerline of Shady Grove Road North 64 deg. 13' 55" East 159.17 feet to a point; thence North 63 deg. 23' 14" East 195.16 feet to a point in the centerline of the Shady Grove Road; thence with the Zimmerman line South 00 deg. 23' 31" East 27.98 feet to an iron pipe set; thence the same course South 00 deg. 23' 31" East 266.87 feet to an iron pipe found in a stump; thence with the McNeely line South 00 deg. 23' 31" East 275.03 feet to an iron pipe set in the centerline of a 10' gravel road; thence with the centerline of the gravel road the following five courses and distance; North 39 deg. 42' 08" West 151.81 feet to a point; thence North 51 deg. 20' 00" West 63.70 feet to an axle found; thence North 53 deg. 33' 17" West 53.29 feet to a point; thence North 63 deg. 24' 35" West 60.60 feet to a point; thence North 73 deg. 22' 27" West 57.13 feet to a point; thence with the Roth line North 07 deg. 17' 07" West 13.35 feet to a steering gear found; thence the same course North 07 deg. 17' 07" West 145.16 feet to a motor grater blade found; thence the same course North 07 deg. 17' 07" West 24.49 feet to the point of Beginning, containing 2.45 acres. Together with improvements located thereon; said property being located at 2629 Shady Grove Road, Connellys Springs, North Carolina. 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 prior 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: 1244099 (FC.FAY) Publish: 12/05/2018 and 12/12/2018