Wednesday, April 24, 2024
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA
MITCHELL COUNTY
No. 23 SP 48
Date of Sale: May 8, 2024
Time of Sale: 11:30 a.m.
Place of Sale: Mitchell County Courthouse
Description of Property: See Attached Description
Record Owners: Heirs of Rebecca Biddix, aka Rebecca Biddix Hedrick
Address of Property: 81 Berry Street (PIN 0799-06-38-8659) and Lot, Berry Street (PIN 0799-06-38-8703) Spruce Pine, NC 28777
Deed of Trust:
Book : RE 556 Page: 447
Dated: March 16, 2015
Grantors: Rebecca Biddix
Original Beneficiary: Local Government Federal Credit Union
CONDITIONS OF SALE:
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: 3/4/24Philip A. Glass
Substitute TrusteeNodell, Glass & Haskell, L.L.P.
Posted on 3/4/24
EXHIBIT A
A CERTAIN TRACT OR PARCEL OF LAND IN GRASSY CREEK TOWNSHIP, MITCHELL COUNTY, STATE OF NORTH CAROLINA ADJOINING THE LANDS OF AND OTHERS, AND BOUNDED AS FOLLOWS, VIZ:
TRACT ONE:
BEING LOT NO. 7 IN BLOCK D, AS SHOWN ON MAP OF PROPERTY BELONGING TO ELLA L. BERRY, SPRUCE PINE, NORTH CAROLINA, WHICH MAP WAS MADE BY GEORGE MCKINNEY, SUR-VEYOR, ON THE 1ST DAY OF MARCH 1946, AND IS OF RECORD IN THE OFFICE OF REGISTER OF DEEDS FOR MITCHELL COUNTY IN BOOK OF MAPS NO. 1, PAGE 83.
SAID LOT NO. 7 BEING 50 FEET WIDE ON BERRY STREET, 150 FEET DEEP AND 50 FEET WIDE ON HICKEY STREET.
THIS BEING THE SAME PROPERTY CONVEYED TO MANUEL BIDDIX AND WIFE, REBECCA BIDDIX, DATED 05/17/1973 AND RECORDED ON 05/21/1973 IN BOOK 140, PAGE 614, IN THE MITCHELL COUNTY RECORDERS OFFICE
AND
TRACT TWO:
BEING LOTS NOS. 8 AND 9 IN BLOCK D, AS SHOWN ON MAP OF PROPERTY BELONGING TO ELLA L. BERRY, SPRUCE PINE, N.C. WHICH MAP WAS MADE BY GEORGE MCKINNEY, SURVEYOR, IN THE 1ST DAY OF MARCH, 1946, AND IS OF RECORD IN THE OFFICE OF REGISTER OF DEEDS FOR MITCHELL COUNTY IN BOOK OF MAPS NO. 1, ON PAGE 83.
EACH OF SAID LOTS BEING 50 FEET WIDE ON BERRY STREET, 150 FEET DEEP AND 50 FEET WIDE ON HICKEY STREET.
THIS BEING THE SAME PROPERTY CONVEYED TO MANUEL BIDDIX AND WIFE, REBECCA BIDDIX, DATED 05/17/1973 AND RECORDED ON 05/21/1973 IN BOOK 140, PAGE 616, IN THE MITCHELL COUNTY RECORDERS OFFICE
Subject to easements, re-strictions and rights of way of record, and utility lines and rights of way in existence over, under or upon the above-described property.
PIN: 0799-06-38-8703 and 0799-06-38-8659
Property Address: 81 Berry St. Spruce Pine, NC 28777 and adjoining lot, Berry St. Spruce Pine, NC 28777
4/24/24-5/1/24 #810074