Details for McDowell
NORTH CAROLINA MCDOWELL COUNTY Special Proceedings No. 19 SP 79 Substitute Trustee: Philip A. Glass NOTICE OF FORECLOSURE SALE Date of Sale: September 24, 2019 Time of Sale: 3:00 p.m. Place of Sale: McDowell County Courthouse Description of Property: See Attached Description Record Owners: Jerry Wayne Randolph Address of Property: 548 Reid Street Marion, NC 28752 Deed of Trust: Book: CRP 902 Page: 37 Dated: January 08, 2007 Grantors: Jerry Wayne Randolph Original Beneficiary: State Employees' Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax. A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Residential real 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 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 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 not 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. 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. Dated: 8/27/19 Philip A. Glass, Substitute Trustee Nodell, Glass & Haskell, L.L.P. Posted on 8/27/19 Exhibit A BEING THE SAME IDENTICAL PROPERTY DESCRIBED in Deed Book 782, at Page 989 of the McDowell County Deed Registry, hereby incorporated by reference as if fully set out to which reference is hereby made and being more fully described as follows: AND BEGIN LOT NO. THREE (3) of Ashworth Heights Subdivision, according to plat of the same recorded in Map Book 4, at Page 165 of said deed records, and BEGINNING on an iron pin at the West edge of State Road No. 1168 pavement, at the Southeast corner of said Lot No. Three (3), and runs thence, with the South line of Lot Three (3), South 86 degrees 00 minutes West 210.53 feet to an iron pin set; thence North 03 degrees 46 minutes 15 seconds West 95.00 feet to an iron pin set at the Northwest corner of said Lot No. Three (3); thence North 86 degrees 00 minutes East 210.53 feet to an iron pin set at the West edge of State Road No. 1168; thence, with the edge of the pavement of said State Road No. 1168, South 03 degrees 46 minutes 15 seconds East 95.00 feet to the BEGINNING, containing 0.46 acre, more or less. AND BEING THE SAME IDENTICAL PROPERTY DESCRIBED in Deed Book 512, at Page 781 of the McDowell County Deed Registry, hereby incorporated by reference as if fully set out to which reference is hereby made. AND ALSO BEING THE SAME IDENTICAL PROPERTY DESCRIBED in Deed Book 340, at Page 658 of the McDowell County Deed Registry, hereby incorporated by reference as if fully set out to which reference is hereby made. BEING PART OF THAT PROPERTY said by Selma G. Elliott, a widow, and Essie Ruth Elliot, a single womay, to Elliott Brothers' Construction Company, by deed dated August 9, 1983, recorded in Deed Book 322, at Page 89 of the McDowell County, NC Deed Registry. SUBJECT TO the right of way of State Road No. 1168, and those certain reservations and restrictions as fully set forth in Deed Book 323, at Page 916, to which reference is also hereby made. Reference is hereby made to that certain Partnership Agreement made and entered into October, 1975, between Troy Mills Elliott and Leon Gary Elliott, known as Elliot Brothers' Construction Company, recorded in said deed records in Deed Book 249, at Page 381. Reference is also hereby made to the Last Will and Testament of Edwin Elliott, recorded in Estate File No. 74-E-120, and to the Last Will of Nora Elliott, recorded in Estate File #69-E-61, and to the Last Will and Testament of M. M. Elliott, recorded in Record of Wills Book 9, at Page 372, all are of record in the Office of the Clerk of Superior Court for McDowell County, NC. PIN: 1700-06-38-8103 Property Address: 548 Reid St. Marion, NC 28752 Publish: September 13, 20, 2019.