NOTICE OF FORECLOSURE SALE
FILE NUMBER: 22 SP 201
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by DONALD E. WAGONER payable to PEOPLES BANK, Lender, to OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, Trustee, dated September 29, 2016, and recorded in Book 1278, Page 29, of the Rowan County Public Registry by Goddard & Peterson, PLLC, Substitute Trustee, default having been made in the terms of agreement set forth by the loan agreement secured by the said Deed of Trust and the undersigned, Goddard & Peterson, PLLC, having been substituted as Successor Trustee in said Deed of Trust by an instrument duly recorded in the Official Records of Rowan County, North Carolina, in Book 1400, Page 361, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Rowan County, North Carolina, or the customary location designated for foreclosure sales, October 4, 2022, at 11:00 AM, and will sell to the highest bidder for cash the following real estate situated in the County of Rowan, North Carolina, and being more particularly described as follows:
PARCEL IDENTIFICATION NUMBER(S): 067 065
ADDRESS: 595 EARNDHART RD SALISBURY, NC 28146
BEGINNING AT A POINT IN THE CENTERLINE OF EARNHARDT ROAD (NCSR 2126), SAID POINT BEING THE SOUTHWEST CORNER OF THE PROPERTY OF C. L. JACOBS, WHICH PROPERTY IS FURTHER DESCRIBED IN DEED BOOK 564, PAGE 371, AND SAID BEGINNING POINT BEING LOCATED NORTH 89 DEGREES 00 MINUTES 15 SECONDS WEST 30.28
FEET FROM AN EXISTING IRON PIPE LOCATED IN THE EASTERN MARGIN OF THE 60 FOOT RIGHT OF WAY OF EARNHARDT ROAD; AND RUNNING THENCE WITH THE LINE OF JACOBS, SOUTH 89 DEGREES 00 MINUTES 15 SECONDS EAST 428.40
FEET TO AN IRON IN THE LINE OF THOMAS EUGENE MILLER, THENCE WITH THE LINE OF MILLER, SOUTH 2 DEGREES 08 MINUTES 55 SECONDS WEST 133.25
FEET TO AN IRON; THENCE WITH THE LINE OF ETHEL H. SIDES, WHICH PROPERTY IS FURTHER DESCRIBED IN DEED BOOK 512, PAGE 439, NORTH 89 DEGREES 00 MINUTES 15 SECONDS WEST PASSING AN IRON IN THE MARGIN OF THE RIGHT OF WAY OF EARNHARDT ROAD, A TOTAL OF 432.60
FEET TO A POINT IN THE CENTERLINE OF EARNHARDT ROAD, SIDES NORTHWEST CORNER, THENCE WITH THE CENTERLINE OF EARNHARDT ROAD, NORTH 3 DEGREES 57 MINUTES 10 SECONDS EAST 133.4
FEET TO THE POINT OF BEGINNING, AND BEING 1.316
ACRES AS SHOWN UPON THE MAP AND SURVEY FOR IRVING VANCE SHAVER BY NORMAN
G. RIBELIN, REGISTERED LAND SURVEYOR, DATED JULY 18, 1985.
SUBJECT TO THE FOLLOWING EXCEPTIONS:
SUBJECT TO RESTRICTIVE COVENANTS, EASEMENTS, AND RIGHTS OF WAY OF RECORD.
BEING THE SAME PREMISES AS CONVEYED IN DEED FROM DONALD WAGONER, A SINGLE MAN RECORDED 04/15/2016 IN DOCUMENT NUMBER 013200880002, BOOK 1268, PAGE 862 IN SAID COUNTY AND STATE.
COMMONLY KNOWN AS: 595 EARNHARDT RD, SALISBURY, NC, 28146
TAX ID: 067 065
PRESENT RECORD OWNER(S): HEIRS OF DONALD E. WAGONER
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45
) per One Hundred Dollars ($100.00
) required by N.C.G.S. §7A-308(a)(1).
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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential 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 N.C.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 the notice of foreclosure 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 this 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.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANK-RUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Robertson, Anschutz, Schneid Crane &
110 Frederick St, Suite 200
Greenville, South Carolina 29607
Phone: (470) 321-7112, Ext. 204
RAS File: 22-023042
Publish 9/20/22, 9/27/22