NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION STANLY COUNTY 17SP2 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ARLENE RICHARDSON DATED APRIL 17, 2001 AND RECORDED IN BOOK 789 AT PAGE 504 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 Harris Township, Stanly County, North Carolina and more particularly described as follows: Beginning at a new p.k. nail within the right of way of S.R. #1518 (Hearne Road), said point of beginning being located N. 48 deg. 47 min. 28 sec. W. 64.22 feet from an existing railroad spike at the intersection of S.R. #1518 (Hearne Road) and S.R. #1520 (Gurley Road), and runs thence from said point of beginning with S.R. #1518 the following three courses and distances: (1) N. 59 deg. 13 min. 56 sec. W. 138.94 feet to a new corner, (2) N. 59 deg. 13 min. 56 sec. W. 37.92 feet to an old corner and (3) N. 62 deg. 39 min. 19 sec. W. 200.00 feet to an existing nail and cap; thence N. 14 deg. 44 min. 49 sec. E. 284.74 feet to a new rebar; thence N. 10 deg. 40 min. 30 sec. W. 141.56 feet to a stone with a new rebar; thence N. 76 deg. 11 min. 07 sec. W. 920.72 feet to a p.k. nail in S.R. #1520; thence with S.R. #1520 (Gurley Road) S. 57 deg. 27 min. 01 sec. W. 302.44 feet to an existing steel pin in the centerline of S.R. #1520; thence N. 29 deg. 54 min. 20 sec. W. 191.30 feet to a new rebar; thence S. 65 deg. 10 min 50 sec. W. 335.59 feet to a new rebar; thence S. 10 deg. 27 min. 53 sec. E. 243.24 feet to the point of beginning and containing 5.07 acres. LESS AND EXCEPT that certain parcel of land being .86 acres conveyed to Joel W. Ingram at Book 891, Page 276 and subsequently conveyed to Jan P. Borgmann at Book 1176, Page 103, as recorded in Stanly County Register of Deeds, and Released in Book 891, Page 268. and further described as follows: BEGINNING at an existing nail in the centerline of the pavement of S.R. #1518 (Hearne Road), said point of Beginning being located N. 48-47-22 W. 64.21 feet from an existing railroad spike at the intersection of the centerlines of the pavement of SR #1520 (Gurley Road) and SR #1518, and runs thence from said point of Beginning N. 10-27-27 W. 243.22 feet to an existing iron road, a corner of William E. Harrold (now or formerly) as recorded in Record Book 644 at Page 277, Stanly County Registry; thence N. 01-23-40 W. 23.18 feet to a new iron rod; thence a new line N. 67-49-30 W. 118.91 feet to a new iron rod; thence a new line S. 22-10-30 W. 193.13 feet to a new spike in the centerline of the pavement of SR #1518, said spike being located S. 62-04-33 E. 115.27 feet from an existing nail in the centerline of the pavement of SR #1518; thence with the centerline of the pavement of SR #1518 the following two (2) courses and distances: (1) S. 62-04-33 E. 84.66 feet to an existing railroad spike, and (2) S. 59-52-19 E. 176.80 feet to the point of Beginning, and containing 0.86 of an acre subject to the right-of-way or SR #1518 as shown on an unrecorded plat entitled "Boundary Survey 'Arlene A. Richardson," dated April 24, 2001 and surveyed and platted by Dent H. Turner, Jr., PLS. And Being more commonly known as: 40774 Hearne Rd, New London, NC 28127 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Arlene A. Richardson. 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/ 11-013346 March 14, 21, 2017
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PostedMarch 14, 2017