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In the General Court of Justice of North Carolina
Posted on Carolina Classified Marketplace - 3 weeks ago
- Category:
- Legal Announcements
- Location:
- Hickory, NC
Features & Description
IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION CABARRUS COUNTY 09 SP 1112 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RANDAL C. SMITH AND DEBORAH S. SMITH DATED MAY 16, 2007 AND RECORDED IN BOOK 7579 AT PAGE 193 IN THE CABARRUS COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Pursuant to a Court order and 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 2:30 PM on November 16, 2009 the following described real estate and any other improvements which may be situated thereon, in Cabarrus County, North Carolina, and being more particularly described as follows: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE CITY OF NUMBER FIVE (5) TOWNSHIP, CABARRUS COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: LYING AND BEING IN NUMBER 5 TOWNSHIP, CABARRUS COUNTY, NORTH CAROLINA, AND BEING PART OF LOT NUMBER 8 OF THE R.F. CLINE ESTATE AS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS IN MAP BOOK 4 AT PAGE 38 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN EXISTING IRON PIPE IN THE EASTERN EDGE OF THE OLD CONCORD-SALISBURY ROAD (THE NORTHWESTERN CORNER OF BERNARD TROUTMAN AS DESCRIBED IN DEED BOOK 368 AT PAGE (192) AND RUNS THENCE WITH THE EDGE OF SAID ROAD, NORTH 36-14-25 EAST 33.09 FEET TO AN IRON STAKE, A NEW CORNER WITH FRANK M. ROSE, JR.; THENCE A NEW LINE WITH ROSE, SOUTH 66-01-55 EAST 343.91 FEET TO AN EXISTING IRON PIPE, A CORNER WITH FRANK M. ROSE; THENCE A NEW LINE WITH ROSE SOUTH 3749-37 EAST 368.41 FEET TO AN EXISTING IRON PIPE, ANOTHER CORNER WITH ROSE; THENCE ANOTHER NEW LINE WITH ROSE, SOUTH 6-49-10 EAST 346.39 FEET TO AN EXISTING IRON PIPE IN THE LINE OF LOT NUMBER 9, ANOTHER CORNER WITH ROSE (SAID IRON PIPE LYING NORTH 80-50-56 WEST 310.69 FEET FEET FROM A STONE AT THE COMMON CORNERS OF LOTS NUMBERS 8 AND 9); THENCE WITH THE NORTHERN LINE OF LOT NUMBER 9, NORTH 80-58-56 WEST 304.02 FEET TO AN EXISTING IRON PIPE IN SAID LINE, A CORNER OF LEON R. KANIPE; THENCE WITH THE LINE OF KANIPE, NORTH 13-06 EAST 436.83 FEET TO AN EXISTING IRON PIPE, THE NORTHEASTERN CORNER OF KANIPE; THENCE WITH THE LINE OF KANIPE, NORTH 72-23-30 WEST 160.51 FEET TO AN EXISTING IRON PIPE, A CORNER OF BERNARD TROUTMAN IN THE LINE OF KANIPE; THENCE WITH THE WESTERN LINE OF TROUTMAN, NORTH 40-39-52 EAST 118.93 FEET TO EXISTING IRON PIPE, THE NORTHEASTERN CORNER OF TROUTMAN;THENCE WITH THE NORTHERN LINE OF TROUTMAN, NORTH 67-13-42 WEST 351.54 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.757 ACRES AS SHOWN ON SURVEY PREPARED BY ROBERT D. FAGGART, RLS, REVISED ON JANUARY 24, 1996. And Being more commonly known as: 6140 Old Salisbury Concord Rd, Kannapolis, NC 28083 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Randal C. Smith and Deborah S. Smith. 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. 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 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is October 26, 2009. Grady Ingle Substitute Trustee 8520 Cliff Cameron Drive, Suite 300 Charlotte, NC 28269 (704) 333-8107 http://shapiroattorneys.com/nc/ 09-117442 Publish: November 4, 11, 2009.
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