Details for Burke
NORTH CAROLINA BURKE COUNTY Special Proceedings No. 19 SP 138 Substitute Trustee: Philip A. Glass NOTICE OF FORECLOSURE SALE Date of Sale: August 27, 2019 Time of Sale: 1:30 pm Place of Sale: Burke County Courthouse Description of Property: See Attached Description Record Owners: Timothy Darrell, Devisee under the Probated Will of David Day Address of Property: 127 VFW Road Morganton. NC 28655 Deed of Trust: Book: 1652 Page: 293 Dated: March 29, 2007 Grantors: James David Day, unmarried Original Beneficiary: State Emplyees' 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: 7/23/19 Philip A. Glass, Substitute Trustee Nodell, Glass & Haskell, L.L.P. Posted on 7/23/19 EXHIBIT A BEGINNING at a 3/4 inch pipe found at the Western right of way boundary line of V.F.W. Road (S.R. 1420), the same being the Northeastern corner of the J.J. Jenkins property as shown in Deed recorded in Book 526, Page 791, Burke Registry, and running with the Northern line of the Jenkins Property, running with a chain link fence, South 46° 48' 24" West 171.62 feet to a 1/2 inch rebar found; running thence the same course, running with a woven wire fence South 46° 48' 24" West 122.59 feet to a 1 inch round pipe found at the Eastern right of way boundary line of the 20 foot alley, thence with the Eastern line of the 20 foot alley, North 35° 57' 36" West to 104.62 feet to a 3/4 inch iron pipe found; thence with the Southern line of H.I. Grindstaff property as shown in Deed recorded in Book 235, Page 701, Burke Registry North 47° 35' 00" East 283.28 feet to a 3/4 inch iron pipe found in the Western boundary line of V.F.W. road (S.R. 1420), South 41° 55' 15" East 99.98 feet to the point of BEGINNING, and containing .68 acres, plus or minus. The above description taken from survey entitled, "Property of Melissa D. Patton," drawn and surveyed by Associates of Surveyors & Real Estate developers, dated August 28, 1995. The above described land is that land described in deed by Melissa Darlene Brittain, fka Melissa Darlene Patton, and husband Jodh Franklin Britton, to James David Day, dated March 29, 20017, and recorded in Book 1652, Page 289, Burke Registry. See also Book 848, Page 660, Book 761, Page 853, Book 548, Page 940, and Book 530, Page 544, Burke Registry. Publish: 8/16 and 8/23, 2019.