Details for Burke
Case No: 1283624 (FC.FAY) NOTICE OF FORECLOSURE SALE 19 SP 241 Under and by virtue of the power of sale contained in a certain Deed of Trust made by April R. Brank and Charles R. Brank, III to Joan H. Anderson, Trustee(s), dated the 21st day of March, 2001, and recorded in Book 997, Page 403, 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 February 26, 2020 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: Beginning at a point in the eastern margin of a ten foot paved private drive, said point also being the northwestern corner of Homer Brittain as reflected in Deed Book 313, Page 275, Burke County Registry, AND RUNNING THENCE FROM SAID BEGINNING POINT North 45 deg 50 min 22 sec West 155 83 feet to an iron pipe, said point being in the line of Wanda Bumgarner as reflected in Deed Book 906, Page 1948, Burke County Registry, thence with the Bumgarner line North 17 deg 50 min 37 sec East 66 37 feet to a pipe in the southern line of Olin Stiff as reflected in Deed Book 78, Page 169, Burke County Registry, thence with the line of Stiff South 86 deg 45 min 00 sec East 297 18 feet to a rebar, thence South 46 deg 15 min 30 sec West 100 00 feet, thence South 59 deg 33 min 59 sec West 97 63 feet, thence South 53 deg 25 min 34 sec West 60 76 feet to the point and place of beginning, and containing 30,507 square feet, more or less, according to a survey for Charles R Brank and April Brank, prepared by Bradshaw Surveying Company dated July 19, 2000 and revised December 28, 2000. Together with improvements located thereon; said property being located at 3949 and 3951 East Burke Boulevard, Connelly 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 LLP P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Case No: 1283624 (FC.FAY) Publish: 2/12 and 2/19, 2020.