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Case No .: 1210029 – 9626 NOTICE OF SALE OF FORECLOSURE 17 SP 128 By virtue of and by virtue of the power of sale contained in a certain deed of trust made by Richard Dennis Warlick and Frances H. Warlick (PRESENT (S) OWNER (S) FROM FILE: Richard Dennis Warlick and Frances H. Warlick) to Susah Haire, Trustee (s), dated June 17, 2003, and recorded in Book # 1254, page 724 of the Burke County Register, North Carolina North, default having been made in payment of the promissory note secured by said trust deed and the undersigned, Substitute Trustee Services, Inc. having been substituted as trustee in said trust deed by an instrument duly registered at the office of the Burke County, North Carolina Deed Registry and the holder of the note proving said Debt having ordered the foreclosure of the Deed of Trust, the undersigned Alternate Trustee will offer for sale at the door of the Morganton Courthouse, Burke County, North Carolina, or the usual location designated for foreclosure on Sat, at 2:30 p.m. on December 8, 2021 and will sell to the highest bidder for cash the following property located in Morganton in Burke County, North Carolina, and being more specifically described as follows : BEGINNING at a point on the center line of NC # 181 (reference stake on the north side of said road), being north 63 degrees east 162 feet from the SW corner of Tract # 2 and the NW corner of Tract # 3 of the William P. Warlick property in the David McGimsey line and the operation of a new line in the Warlick property, north 31 degrees west at 200 feet to a stake, a new corner; thence with a new line north 63 degrees east 100 to a stake, also a new corner; thence, a new line in the said property, south 31 degrees east 200 feet to a point in the center line of NC # 181 (reference stake on the north shore of the road); thence with the center line of said road South 63 degrees West 100 feet to the point of commencement, containing more or less 1/2 acre. BEGINNING on an iron stake found on the north edge of NC Highway 181, and being further on at the southeast corner of this 0.4 acre expanse belong to Richard Zane Warlick as noted in Book 209; page 224; thence north 31-31-12 west 178.81 feet to a set of iron pipes; thence south 59-14-03 west 100 feet to an iron pipe located within the boundary of that 14.14 acre parcel owned by Richard Zane Warlick, as recorded in Book 506, page 613, Burke County Registry, thence with said north boundary 31-24-21 West 71.96 feet to an iron pipe found; thence with said north boundary 64-34-58 east 52.46 feet to a set of iron pipes; thence north 64-34-58 east 184.90 feet to an iron pipe found; thence north 64-34-58 east 23.81 feet to a set of iron pipes; thence south 32-00 east 241.28 feet to an iron pipe placed on the north edge of NC road 181; thence with the north edge of said south road 64-27-38 west 162.94 feet to the beginning and containing 1.05 acres, as shown on the survey for Richard Zane Warlick by Mallonee Surveying, Inc., in dated May 2, 1976, by EA Mallonee, RLS-736. With the improvements therein; said property being located at 4831 Highway 181, Morganton, North Carolina. Being the same property recorded on July 10, 2003 in Book 1261 on page 938 of the Burke County Public Register. The Trustee may, in its sole discretion, delay the sale for up to one hour, as provided in NCGS §45-21.23. If the property is purchased by a third party, that party must pay the excise tax, as well as the legal costs of forty-five cents ($ 0.45) per hundred dollars ($ 100.00) required by NCGS §7A -308 (a) (1). The property to be offered under this Notice of Sale is offered for sale, transfer and transportation “AS IS, WEST”. Neither the trustee nor the holder of the note secured by the indenture / guarantee agreement, or both, being foreclosed, nor any officers, directors, attorneys, employees, agents or authorized representative of the trustee or the holder of the note. make any representation or warranty relating to title or to any physical, environmental, health or safety condition existing in, on, on or relating to the property offered for sale, and any responsibilities or obligations arising out of or in any way that it is related to such a condition is expressly rejected. Further, this property is sold subject to any prior taxes, special assessments and liens or charges on file and any recorded releases. Said property is also sold subject to applicable federal and state laws. A deposit of five percent (5%) of the purchase price, or seven hundred and fifty dollars ($ 750.00), whichever is greater, is required and must be returned in certified funds at time of purchase. sale. If the trustee is unable to transfer title to this property for any reason, the buyer’s sole remedy is the return of the deposit. The reasons for such inability to transmit include, but are not limited to, filing a bankruptcy petition before confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is contested by a party, the trustee, at his sole discretion, if he considers that the dispute is well founded, may request the court to declare the sale void and to return the deposit. The buyer will no longer have any recourse. Additional Notice for Residential Properties of Less than 15 Rental Units, Including Single Family Residential Real Estate A Possession of Property Order may be issued pursuant to NCGS § 45-21.29 in favor of the purchaser and against the party (s) in possession by the clerk of the superior court of the county where the property is sold. Anyone who occupies the property under a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale by foreclosure, terminate the rental agreement by delivering a written notice of termination. to the owner, which will take effect on a date indicated in the notice which is at least 10 days but not more than 90 days after the date of sale contained in this notice of sale, provided that the mortgagor has not not remedied by the time the tenant provides the notice of termination. In the event of termination of a rental agreement, the tenant is liable for the rent due under the rental agreement in proportion to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c / o Hutchens Law Firm PO Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Telephone: (910) 864-3068 https://sales.hutchenslawfirm.com Cabinet case n °: 1210029 – 9626 Publication: 24/11 and 01/12/2021.
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