Details for Burke


19 SP 287 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, BURKE COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by John C. Davis (deceased) and Jacquelyn Burke Seymour to Harry G. Gordon, Esq., Trustee, recorded in Deed Book 2136 at Page 973-978, Burke County Registry, North Carolina securing the payment of indebtedness to TRex Enterprises, LLC, default having been made in the payment of the note thereby secured by the said Deed of Trust, and the undersigned, Thomas B. Kobrin, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, and pursuant to an Order of the Clerk of Superior Court, Burke County, NC, in a pending special proceeding, File No. 19 SP 287, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on June 2, 2020 at 2:00PM, and will sell to the highest bidder for cash the following property situated in Burke County, NC, and being more particularly described as follows: BEGINNING at a corner in the approximate centerline of SR 1805, thence with the approximate centerline for SR 1805 the following courses and distances, N 6E 39' 19" W 57.0 feet; N 16E 53' 50" W 58.86 feet, N 25E 39' 10" W 67.34 feet and N 38E 22' 40" W 62.62 feet to a corner, a common corner with Henry Huffman, thence with the Huffman line, N 66E 25' 30" E 137.51 feet to an iron pipe, a common corner with Huffman and Ted Lail, thence with the Lail line S 52E 11' 45" E 42.64 feet to an iron pipe, a common corner with Lail and Albert Eckard, thence with the Eckard line, S 33E 29' 36" E 173.08 feet to an iron pipe found, a common corner with Eckard and Harley Green, thence with the Green line, S 14E 00' 55" E 84.87 feet to an iron pipe, thence S 82E 15' 30" W 186.64 feet to the point of BEGINNING, containing 0.992 acres more or less. Being the same property conveyed to John C. Davis (deceased) and Jacquelyn Burke Seymour by deed dated April 3, 2014, and found on record in Deed Book 2136, Page 970-972, Burke County Registry. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 5411 Miller Mill Road, Hickory, NC 28602. Substitute Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23. Should the property be purchased by 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 N.C.G.S. §7A-308(a)(1) and the recording costs for their deed. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750), whichever is greater, will be required at the time of sale. The sale will be held open ten (10) days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are immediately due and owing. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him or her 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 or she shall remain liable on his or her bid as provided for in North Carolina General Statutes §45-21.30(d) and (e). If the highest bidder fails to make the required deposit, the Substitute Trustee may at the same time and place immediately reoffer the property for sale. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owners of the property are Jacquelyn Burke Seymour and the heir of John C. Davis, being Megan Rapachietta. 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 the notice of sale, terminate the rental agreement upon 10 days' written notice to the landlord, 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 the tenant provides the notice of termination [NCGS §45-21.16A(b)(2)]. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination. If the Substitute 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 knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute 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. Harry G. Gordon, Attorney for Thomas B. Kobrin, Esq., Substitute Trustee, 330 S. Greene Street, Suite 300, Greensboro, NC 27401. PHONE: (336) 275-9910 FAX: (336) 275-8797 Publish: May 19, 26, 2020.


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