IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL BURLESON AND PHILLIP BURLESON DATED JUNE 15, 2006 AND RECORDED IN BOOK 439 AT PAGE 30 IN THE MITCHELL COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
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 3:00PM on August 9, 2019 the following described real estate and any other improvements which may be situated thereon, in Mitchell County, North Carolina, and being more particularly described as follows:
BEGINNING on an iron pin, the Northeast corner of those lands owned now or formerly by Michael Crowder (see Deed Book 174, Page 350); thence running with the Northern boundary of the Michael Crowder tract, North 71 28' 28" West 86.00 feet to an iron pin set on the east side of a branch; thence crossing the branch and running North 71 28' 28" West 21.46 feet to a point in the centerline of Upper Hanging Rock Road (NCSR 1140); thence running up and with the centerline of the road, North 34 06' 06" East 15.39 feet to a point in the centerline of the road; thence leaving the road and running North 11 28' 40" West 21.21 feet to an "X" marked on a concrete headwall in the cen terline of the creek; thence running up and with the centerline of the creek, North 14 57' 38" West 27.41feet to a point; thence North 30 51' 47" West 44.59 feet to a point; thence North 34 12' 42" West 57.39 feet to a point; thence North 13 10' 51" West 66.60 feet to a point; thence leaving the creek and running North 73 19' 43" East 10.00 feet to an iron pin in the Southern boundary of the Fred Harrison tract (see Deed Book 130, Page 214); thence running with the Harrison line, North 73 19' 43" East 136.31 feet to an iron pin; thence crossing a private drive and running North 73 19' 43" East 48.00 feet to a point in the centerline of an old woods road; thence running up and with the centerline of the old woods road, North 06 41' 39" East .4.29 feet to a point; thence North 09 57' 19" West 28.19 feet to a point; thence North 01 01' 47" West 23.37 feet to a point; thence North 09 43' 13" East 24.02 feet to a point; thence North 21 29' 58" East 47.21 feet to a point; thence North 05 24' 32" East 50.93 feet to a point; thence leaving the road and running North 85 51' 36" East 20.00 feet to an iron pin; thence North 85 51' 36" East 276.77 feet to an iron pin set to the East of a large rock, a corner to Sam Silver; thence running with the Silver line, South 15 30' 23" West 827.00 feet to an iron pin in the Northwestern boundary of the Sam Silver, Jr. tract; thence South 74 23' 25" West 234.88 feet to an existing iron pin in the Eastern boundary of the Michael Crowder tract; thence running with the Crowder boundary, North 18 02' 06" East 383.35 feet to the point of BEGINNING, containing 5.11 acres as shown on a survey plat prepared by High Mountain Surveying.
And Being more commonly known as: 634 Lower Hanging Rock Rd, Spruce Pine, NC 28777
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Michael Burleson.
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 July 8, 2019.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
7/17, 7/24, 7/31, 8/07/2019