16 SP 21
Under and by virtue of the power of sale contained in a certain Deed of Trust made by David Garvin Blevins and Jacqueline English Blevins, wife, (David Garvin Blevins and Jacqueline English Blevins, both deceased)(Heirs of David Garvin Blevins: David Garvin Blevins, Jr., Dale Blevins, Oscar Samuel Blevins aka Sam Blevins, Steven Blevins aka Steve Blevins and Unknown Heirs of David Garvin Blevins) to F. Blair Williams, Trustee(s), dated the 13th day of March, 2008, and recorded in Book 472, Page 411, in Mitchell 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 Mitchell 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 Bakersville, Mitchell County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on May 5, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Mitchell, North Carolina, and being more particularly described as follows:
In or near the corporate limits of the Town of Spruce Pine:
Being Lots Nos. 20, 21 and 22 in Block "B" as will appear on the map of survey of English Woods Addition to the City of Spruce Pine, North Carolina, dated April 1938 as surveyed and platted by R.L. Wiseman, Surveyor, which map is of record in the Office of the Register of Deeds for Mitchell County, North Carolina, in Book of Maps No.1 at Page _____, to which reference is hereby made for a full and complete description of the property hereby conveyed. Together with improvements located thereon; said property being located at 80 Hillcrest Circle, Spruce Pine, North Carolina.
But this land is conveyed subject to certain restrictions and conditions set forth in Deed from English Woods, Inc., to Sam English and wife, Sudie English, dated July 31st, 1945 appearing of record in Book No. 102, Page 614, Mitchell County, North Carolina Registry.
BEING the same and identical lands conveyed to Jacqueline English Blevins and David Garvin Blevins, by deed dated 14 August, 1948 from Sudie H. English, widow, said instrument being of record in Book 109, Page 467, Mitchell County North Carolina Registry.
EXCEPTING from the foregoing a small tract heretofore conveyed to Teresa Barksdale and being described as follows:
BEGINNING on an iron stake, the Northeast corner of Lot No. 22 and runs thence with the Eastern line of Lot 22, South 34 deg East 70 foot to an iron stake, the southeast corner of Lot No. 22 and the Northeast corner of Lot No. 18; thence with the southern line of Lot No. 22, South 76 deg 30 min West 57 feet to an iron stake; thence North 12 deg East 72 feet to the point of BEGINNING forming a triangle containing 1024 sq. ft. or .042 acre.
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 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.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
North Carolina 28311
Phone No: (910) 864-3068
Case No: 1197028 (FC.FAY)
#335272 - 4/19, 4/26