NOTICE OF FORECLOSURE SALE 21 SP 54 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Leroy J. Burgess and Arlene C. Burgess, (Leroy J. Burgess, Deceased, and Arlene C. Burgess, Deceased) (PRESENT RECORD OWNER(S): John Burgess, Nicole Lea Burgess and Heirs of Leroy J. Burgess) to PBRE, Inc., Trustee(s), dated the 24th day of February, 2012, and recorded in Book 1619, Page 806, and Modification in Book 1907, Page 144, in Watauga County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Watauga County, North Carolina 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 THE CITY OF BOONE, WATAUGA COUNTY, NORTH CAROLINA, OR THE CUSTOMARY LOCATION DESIGNATED FOR FORECLOSURE SALES, AT 10:00 AM ON OCTOBER 5, 2021 and will sell to the highest bidder for cash the following real estate situated in the City of Boone, in the County of Watauga, North Carolina, and being more particularly described as follows: BEING all of Lots B-14 and B-32, River Ridge Subdivision as shown on plats recorded, respectively, in Plat Book 11, Page 71 and Plat Book 13, Page 20, Watauga County Registry, and permanently recombined by eliminating the common boundary between each of them by Declaration of Property Re-Combination dated January 15, 2009, and recorded in Record Book 1418, Page 699, Watauga County Registry; together with, and subject to, such Restrictive Covenants, rights of way, agreements, including well agreement, and all other matters as set forth and referenced in the warranty deed recorded in Record Book 557, Page 078, Watauga County Registry, the same being incorporated herein by reference. And being in all respect the same property conveyed in the said warranty deed recorded in Record Book 557, Page 078, Watauga County Registry. Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §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 expressly are 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 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. 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm LLP P.O. Box 12497 6230 Fairview Road, Suite 315 Charlotte, North Carolina 28210 Phone No: (704) 362-9255 Case No: 1324926 (CFC.CH)


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