IN THE GENERAL COURT OF JUSTICE CAROLINA
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY STEVEN P. WELCH AND JANET V. WELCH DATED APRIL 13, 2006 AND RECORDED IN BOOK 435 AT PAGE 255 IN THE MITCHELL COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
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 12:00PM on June 29, 2017 the following described real estate and any other improvements which may be situated thereon, in Mitchell County, North Carolina, and being more particularly described as follows:
Beginning on a stake on Main Street in the town of Bakersville, North Carolina, H. B. Byrd's and I. H. Bailey's comer and running thence North 48 west 212.7 ft. to a stake at the lower side of Upper Street; thence North 42 East 280.4 ft. with Upper Street to a stake in said street; thence South 13 40 minutes East 256 ft. with the alley running between the lands of I. H. Bailey and R.J. Young, to a stake in said alley where the same intersects Main Street; thence South 42 30 minutes West with Main Street 135 ft. to the point of beginning.
Excepting and reserving a right-of-way for a pipeline over the above-described lands, which right-of-way for a pipeline is more particularly described in that certain deed dated October 31, 1935, from Harry Bailey and wife, Blanche W. Bailey, to Mrs. Effie Byrd.
Save and except the following described portion of the above-described property:
Beginning at an iron pin set, said iron pin being located north 43 38 minutes 45 seconds East 48.30 ft. from a building corner, and running thence North 48 00 minutes 00 seconds West 106.29 ft. to an iron pin set, said iron pin being located North 19 56 minutes 29 seconds East 68.26 ft. from an existing iron pin and also South 48 00 minutes 00 seconds East 106.41 ft. from an iron pin set near hillside line, and running thence North 40 53 minutes 52 seconds East 28.21 ft. to an iron pin set; thence South 49 06 minutes 08 seconds East 106.56 ft. to an iron pin set; thence South 41 27 minutes 04 seconds West 30.25 ft. to the point of beginning, and being 0.07 acres as shown on a map of survey that Arrowood Surveying, P.A., dated January 19, 2004, and designated growing number 04- M- 02-103.
And Being more commonly known as: 71 North Mitchell Ave, Bakersville, NC 28705
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Janet V. Welch.
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 June 7, 2017.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway,
Charlotte, NC 28216
#349971 - 6/14, 6/21