Details for Burke
NORTH CAROLINA BURKE COUNTY Special Proceedings No. 19 SP 92 Substitute Trustee: Philip A. Glass NOTICE OF FORECLOSURE SALE Date of Sale: June 25, 2019 Time of Sale: 10:00 a.m. Place of Sale: Burke County Courthouse Description of Property: See Attached Description Record Owners: Luther Whisnant, aka Luther Yates Whisnant Address of Property: 2276 Spainhour Road Morganton, NC 28655 Deed of Trust: Book: 2135 Page: 717 Dated: April 28, 2014 Grantors: Luther Whisnant, a single man Original Beneficiary: State Employees' Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45¢) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax. A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute 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 that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Residential real property with less than 15 rental units, including single-family residential real property: 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 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 not 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. 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. Dated: 5/28/19 Philip A. Glass, Substitute Trustee Nodell, Glass & Haskell, L.L.P. Posted on 5/28/19 EXHIBIT A BEGINNING on the NW edge of Spainhour Road, the Northeast corner of Louise Dale Lot, being Lot No. 6, and runs North 24 deg. 15" West with the line of Louise Dale Lot 284 feet to Lloyd Whisenant line; thence North 45 degrees East with line said Lloyd Whisenant line, 211 feet to a stake, corner of Lot No. 3; thence South 22-1/2 degrees East with line of Lot No. 3, 307 feet to the Spainhour Road, an iron stake; thence with the margin of the said Road 202 feet to the Beginning, the same being Lots No. 4 and 5 of the division of the Ellie May Whisenant land, containing_acres, more or less. Survey and platted by Jas. Harbison, C.E. This is the same identical property which was acquired by Lloyd C. Whisenant and wife, Susan Mable Whisenant, by deed from Ellie May Whisenant and husband, Lloyd Whisenant, dated February 25, 1944. Lloyd C. Whisenant died in or around November 1944, and was surveyed by his wife, Susan Mable Whisenant. Susan Mable Whisemant died on or about September 13, 1977, survived by three children to wit: Joseph L. Whisenant, Ellie Mable Whisenant Ammons and Luther Yates Whisenant. Ellie Mable Whisenant Ammons died December 24, 1998, and was survived by her husband Jon Ammons, the Grantor on Deed recorded on April 30, 1999 in Book 924, Page 819, to Joseph L. Whisenant. WHISNANT was also spelled WHISENANT BACK REFERENCES: Book 2121, Page 718; Book 924, Page 819; Book 823, Page 1451; all of the Burke County Registry. PIN: 1785608522 Property Address: 2276 Spainhour Rd. Morganton, NC 28655 Publish: June 14, June 21, 2019.