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SP-FC Carr-Pullen 18-43249

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8/4/2022

Ad Text

No. 1474176

18 SP 534
NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, ROWAN COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Phyllis Carr-Pullen, to FNC Title Services, LLC - MD, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc., as nominee for American Advisors Group, which was dated June 9, 2016, and recorded on June 16, 2016, in Book 1272 at Page 226, Rowan County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 17, 2022, at 11:30 AM, and will sell to the highest bidder for cash the following described property situated in Rowan County, North Carolina, to wit:

The following described real estate, situate, lying and being in Cleveland Township, County of Rowen and state of North Carolina, bounded as follows, to-wit:

LYING AND BEING IN THE TOWN OF CLEVELAND, NORTH CAROLINA, ADJOINING THE PROPERTY OF MILDRED JOHNSON, R. L. RICE, RALPH BARBER AND JOHN F. CARR, JR., AND DESCRIBED AS FOLLOWS:

BEGINNING AT STAKE, MILDRED JOHNSONS REAR CORNER IN THE REAR LINE OF JOHN F. CARR, JR., AND RUNS THENCE WITH CARRS AND RALPH BARBERS LINE, SOUTH 32 DEG. 37 MIN. WEST 157 FEET TO AN IRON PIPE, CORNER TO THE PROPERTY OF R. L. RICE AND RALPH BARBER; THENCE WITH RICES LINE, NORTH 56 DEG. 53 MIN. WEST 50 FEET TO AN IRON PIPE, R. L. RICES CORNER; THENCE A NEW LINE WITH ADAM CLICK, NORTH 34 DEG. 20 MIN. EAST 169.3 FEET TO A STAKE, MILDRED JOHNSONS CORNER; THENCE WITH MILDRED JOHNSONS LINE, SOUTH 53 DEG. 03 MIN. EAST 51.7 FEET TO THE POINT OF BEGINNING.

AND ALSO

BEGINNING AT A STAKE 165 FEET FROM THE INTERSECTION OF U. S. HIGHWAY NO. 70 AND A 20 FOOT STREET CORNER TO LOT NO. 1; THENCE N. 51 DEG. 30 MIN. W, 100 FEET TO A STAKE ON ADAM CLICKS LINE; THENCE WITH ADAM CLICKS LINE S. 33 W. 100 FEET TO A STAKE, CORNER TO LOT NO. 5; THENCE WITH THE LINE OF LOT NO. 3, S. 51 DEG. 50 MIN. E. 100 FEET TO A STAKE IN THE MARGIN OF A 20 FEET STREET; THENCE WITH THE MARGIN OF A 20 FOOT STREET N. 33 DEG. E. 100 FEET TO THE POINT OF THE BEGINNING, AND BEING LOTS NOS. 1 AND 2 AS SHOWN ON THE MAP OF BARBARA JONES TAYLOR PROPERTY.

Being the same property conveyed to Phyllis Carr-Pullen by Affidavit of Heirship for the Estate of Catherine M. Carr, deceased, dated December 31, 2015 and recorded January 20, 2016 at Book 1264, Page 618.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 104 Jones Street, Cleveland, NC 27013; Parcel ID: 250 074

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Foreclosure of the subject property and the terms of this sale are upon the interest held and encumbered by Phyllis Carr-Pullen, whether wholly owned or fractionally owned. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer, and conveyance “AS IS WHERE IS.” There are no representations 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. This sale is made subject to any and all superior liens, including taxes and special assessments. The undersigned Substitute Trustee shall be resolved from liability for claims related to matters that could be discovered by a proper examination of title.

An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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 the 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 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 the tenant provides the notice of termination. The notice shall also state that 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 [N.C. Gen. Stat. § 45-21.16(b)(2)].

If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.

Cape Fear Trustee Services, LLC, Substitute Trustee
Attorney
Aaron Seagroves, NCSB No. 50979
Matthew Cogswell, NCSB No. 58827
5550 77 Center Drive, Suite 100
Charlotte, NC 28217
Phone: (980) 201-3840

Publish 8/4/22, 8/11/22