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North Carolina Rockingham County in the General CO
Posted on Danville Register Bee - 3 weeks ago
- Category:
- Legal Announcements
- Location:
- Danville, VA
Features & Description
NORTH CAROLINA ROCKINGHAM COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 09-SP-477 IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF BONNIE BROWN MORENO ALVAREZ and JESUS MORENO ALVAREZ, Grantor, To MARK T. ADERHOLD, ESQUIRE Substitute Trustee, AS RECORDED IN 1027 AT PAGE 1663 OF THE ROCKINGHAM PUBLIC REGISTRY. NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by BONNIE BROWN MORENO ALVAREZ and JESUS MORENO ALVAREZ, dated November 23, 1999, and recorded in the Office of the Register of Deeds for Rockingham County, North Carolina, in Book 1027 at Page 1663, and because of default in the payment of the indebtedness thereby secured and failure 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 said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Rockingham County, North Carolina, entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 18th day of November, 2009 at 11:00 AM at the door of the Rockingham County Courthouse, Wentworth, North Carolina, the real property described in Exhibit A attached hereto and incorporated herein by reference (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon). 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 Rockingham County Register of Deeds not more than ten (10) days prior to the posting of this Notice is BONNIE BROWN MORENO ALVAREZ and JESUS MORENO ALVAREZ. Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the 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 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 Sections 45-21.30(d) and (e). Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. Section 7A-308(a)(1). Please be advised that the Clerk of Superior Court may issue an order for possession of the property pursuant to N.C.G.S. Section 45-21.29 in favor of the purchaser and against the party or parties in possession. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days' written notice to the landlord. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. 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 Substitute Trustee nor the holder of the Promissory Note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Promissory Note make any representation of 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale will be held open ten (10) days for upset bids as required by law. This the 16th day of October, 2009. MARK T. ADERHOLD, Substitute Trustee 2596 Reynolda Road, Suite C Winston-Salem, North Carolina 27106 (336) 723-3530 EXHIBIT "A" Beginning at a new iron pipe located in the northern right-of-way margin of N.C. State Road #2361 (New Lebanon Church Road) said iron pipe lies in the eastern boundary line of the Hattie Stone land, thence leaving said road a line with Hattie Stone N 22 deg. 02 min. 00 sec. West 421.15 feet to a new iron pipe said pipe lies 5 22 deg. 02 min, 00 sec. East 577.46 feet from an existing iron pipe, a control corner, thence a line with George and Avis Knight. N 84 deg. 32 min, 08 sec. E 572.18 feet to a new iron pipe, thence a line with Knight S 10 deg. 45 min. 30 sec. E crossing a new iron pipe placed in the northern right-of-way margin of N.C. State Road No: 2361 at 353.88 feet a total distance of 383.97 feet to a nail located in the centerline of said road, said nail lies S 71 deg. 51 min. 14 sec. W. 60.00 feet from a spike, a control corner, said spike marking the southwest corner of the Samuel R. Knight land (See Deed Book 773 Page 1055) thence with the centerline of said road S 74 deg. 51 min. 14 sec. W 89.92 feet to a spike and S 79 deg. 19 min. 50 sec. W 391.76 feet to a spike, thence leaving said centerline N 22 deg. 02 min. 00 sec. W 30.60 feet to the place and point of beginning and containing 5.00 acres more or less as per plat of survey prepared by Samuel J. Coleman Jr., R.L.S., dated August 30, 1996, and entitled "Plat of Survey for Deborah W. Harrell" a copy of which is attached hereto and incorporated herein by reference for more particularity of description. November 8 & 15, 2009
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