NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION STANLY COUNTY 17SP8 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JEFFREY ADAM HATLEY AND KELLY HATLEY AND FAYE HINSON HATLEY DATED APRIL 25, 2008 AND RECORDED IN BOOK 1231 AT PAGE 470 AND MODIFIED BY AGREEMENT RECORDED ON JANUARY 4, 2010 AT BOOK 1310 PAGE 499 AND FURTHER MODIFIED BY AGREEMENT RECORDED ON FEBRUARY 2, 2010 AT BOOK 1313 PAGE 217 AND FURTHER MODIFIED BY AGREEMENT ON JUNE 21, 2012 AT BOOK 1410 PAGE 256 AND FURTHER MODIFIED BY AGREEMENT RECORDED ON JANUARY 7, 2014 AT BOOK 1476 PAGE 733 IN THE STANLY COUNTY PUBLIC REGISTRY, NORTH CAROLINA 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 10:00AM on March 28, 2017 the following described real estate and any other improvements which may be situated thereon, in Stanly County, North Carolina, and being more particularly described as follows: All that certain lot or parcel of land situated in Stanly County, North Carolina and more particularly described as follows: Tract One: Beginning at a point on the North side of Rural Soil Road No. 1517, which point is in the M.M. Palmer Line and is North 39-40 West 40 feet from the center of said Soil Road and runs thence with the P.R. Smith line, North 40-30 East 99 feet to a new iron pin 45 feet from the center of said Soil Road; thence a new line, South 39-40 East and crossing Rural Soil Road 483 feet to a new iron pin in the Palmer Line; thence with the Palmer line South 64-30 West 97 feet to an old iron pin in the Palmer Line; thence with the Palmer line North 39-40 West 450 feet to an old iron pin, the point of Beginning, and containing 1.0 acres more or less, as surveyed by D.F. Ritchie, under supervision of James A. Harwood, October 14, 1968. Tract Two: Beginning at an iron pin, the Northeast corner of Shelton Whitley and in the line of T.R. Smith, which pin is North 39-40 West 45 feet from the centerline of North Carolina State Road No. 1517; thence with Smith's line; North 42-30 East 91 feet to an iron pin in Smith's line, which pin is North 39-40 West 63 feet from the center line of N.C. State Road No. 1517; thence a new line crossing N.C. State Road No. 1517, South 39-40 East 519.4 feet to a stake in M.M. Palmer's line, Shelton Whitley's Southeast corner; thence with the Shelton Whitley line, North 39-40 West 483 feet crossing N.C. State Road No. 1517 to the point of Beginning, containing 1.05 acres, more or less, as surveyed by D.F. Ritchie, May 30, 1969. And Being more commonly known as: 44516 Ledbetter Rd, New London, NC 28127 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Jeffrey Adam Hatley, Kelly Hatley and Faye Hinson Hatley. 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 March 7, 2017. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 15-073941 March 14, 21, 2017
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PostedMarch 14, 2017