Details for Burke


19 SP 59 NOTICE OF SALE OF REAL ESTATE BY SUBSTITUTE TRUSTEE STATE OF NORTH CAROLINA BURKE COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF PAMELA L. LIPFORD TO WILLIAM A. HOBBS, TRUSTEE FOR UNITED STATES DEPARTMENT OF AGRICULTURE, DATED APRIL 8, 2004 AND RECORDED AT BOOK 1349, PAGE 966, BURKE COUNTY REGISTRY See Substitution of Trustee as recorded in Book 2388, Page 986, appointing Richard J. Kania as Substitute Trustee TO: Pamela L. Lipford Occupant Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated April 8, 2004, securing indebtedness in the original principal amount of $90,500.00 as recorded in Deed of Trust Book 1349 at Page 966, Burke County Registry (hereinafter, the ''Deed of Trust''), and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Burke County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on June 27, 2019 at 10:00 AM at the Burke County Courthouse at the usual place of sale designated by the Burke County Clerk, Morganton, the real property in Morganton Township, Burke County, North Carolina (including any improvements thereon) with the address of 117 Stephens Dr, Morganton, NC 28655, and as described as follows: BEGINNING at an angle iron found in the north right-of-way margin of Stephens Drive, at the southwestern corner of the property of Neal D. Fortune, and runs thence, with the Fortune line, North 55° 50' 29" East 78.97 feet to an iron pipe; thence, continuing with the Fortune line, North 52° 39' 18" East 85.19 feet to a 1/.2 inch iron pipe found in the line of the property of John W. O'Neill; thence, with the O'Neill line, South 42° 00' 00" East 4.76 feet to an iron pipe found at a common corner of O'Neill and the property of Lucy Goins; thence with the Goins line, the same course (South 42° 00' 00" East) 71.93 feet to a 3/4 inch iron pipe found at a common corner of the property of Goins, Gorman L. Scott, and Lela F. Lane; thence, with the Lane line, South 55° 42' 27" West 165.56 feet to an iron pipe found in the right-of-way margin of Stephens Drive; thence, with the right-of-way margin of Stephens Drive, North 41° 16' 20" West 72.19 feet to the point of Beginning, containing 0.276 acres, more or less, according to plat of survey by Childres & Associates Surveying Company, dated July 5, 1989, entitled "Property of Elizabeth A. Withrow," from which the foregoing metes and bounds description was prepared. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Pamela L. Lipford 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 County Clerk of Superior Court. Pursuant to N.C.G.S. §45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him 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 the time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30(d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, ''Protecting Tenants at Foreclosure Act'' which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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 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 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. The notice shall also state that 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. This the 15th day of May 2019. Richard J. Kania Substitute Trustee 600-A Centrepark Drive Asheville, North Carolina 28805 (828) 252-8010 4590-6314 Publish: 06-13-2019, 06-20-2019


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