NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION STANLY COUNTY 17sp142 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JEREMY SMITH AND EMILY SMITH DATED JULY 8, 2009 AND RECORDED IN BOOK 1291 AT PAGE 429 IN THE STANLY COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00AM on January 25, 2018 the following described real estate and any other improvements which may be situated thereon, in Stanly County, North Carolina, and being more particularly described as follows: Being a 1.487 acre tract of land being bounded on the north by the lands of Fork "L" Farms Inc., as shown in Deed Book 338, Page 862 Stanly County Registry, on the East and West by other lands belonging to Linda S. Blake and Aaron T. Blake as shown in Deed Book 376, page 1189, Stanly County Registry and on the South by the centerline of Old Thompson Road (SR 1771) and being more particularly described as follows: THE POINT OF BEGINNING being an existing railroad spike in the centerline of Old Thompson Road that said point is located S. 71.22.59 E. 765.22 feet from an existing 3/4th rebar at 36.97 feet for a total distance of 342.82 feet to an existing 3/4th rebar in the southern line of the Fork "L" Farms Inc., property; thence with he line of said property N. 84-29-04 E. 186.32 feet to an existing 3/4 rebar; thence another new line S. 18-38-51 W. 380.68 feet to and existing 3/4th rebar; thence the same bearing an additional 88.38 feet to an existing railroad spike in the centerline of the road. That said point is locates N. 71-21-48 W. 340.07 feet from an existing railroad spike; thence running with the centerline of Old Thompson Road, N. 71-21-45 W. 169.98 feet to the POINT OF BEGINNING and containing 1.487 acres more or less, as shown on a Survey of Jeremy Smith and Emily Smith dated November 28, 2000 prepared by AcuuTech Surveying and mapping, LLP Roderick A. Sutton, PLS. And Being more commonly known as: 5694 Old Thompson Rd, Norwood, NC 28128 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jeremy Daniel Smith and Emily Hiscox Smith. 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is January 4, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 17-090144 January 11, 18, 2018
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PostedJanuary 11, 2018