Iredell | Legal notices | mooresvilletribune.com
Case No .: 1247951 – 10238 AMENDED NOTICE OF FORECLOSURE SALE 18 SP 386 Pursuant to and by virtue of the power of sale contained in a certain trust deed made by Lee A. Tucker, Sr. and Mary H. Tucker (PRESENT OWNER OF THE FILE (S): Lee A. Tucker, Sr. and Mary H. Tucker, Heirs of Lee A. Tucker, Sr. a / k / a Lee A. Tucker: Lorenzo Lee Garrett, Lee Andrew Tucker, Jr., Andra Tucker Walters ; Heirs of Andra Tucker Walters: Pierre Walters, Jr., Andre Walters) to Tim, Inc., Trustee (s), dated November 25, 1997 and recorded in Book # 1052, page 1215 of the County Register Iredell, North Carolina. . The trust deed has been amended by the following: An order registered on January 26, 2021, in book # 2776, on page 324 An order registered on February 23, 2021, in book # 2785, on page 115, the default having been made in the payment of the promissory note secured by said trust deed and the undersigned, Substitute Trustee Services, Inc. having been substituted as trustee in said trust deed by an instrument duly registered at the office of the register of Deeds of Iredell County, North Carolina and the holder of the note proving said debt having ordered the foreclosure of the Deed of Trust, the undersigned Alternate Trustee will offer for sale at the door of the Statesville Courthouse in the Iredell County, North Carolina, or the usual location designated for foreclosure. sales at 12:30 p.m. on December 16, 2021 and will sell to the highest bidder for cash the following property located in Mooresville, Iredell County, NC, and being more specifically described as follows: MAIN TERRITORY: BEGINNING at one nail and one cap in the center of Iredell County Rural Road # 1302 (known as Cornelius Farm Road), corner of Barry Lewis (formerly corner of CW Mills Sr.); thence with the Lewis line north 13 deg. 49 ‘west at 311.95 feet to an iron pin, Lewis corner in line of CW Mills Estate; thence with the Mills Estate line south 76 deg. 11 ‘west at 175.36 feet to an iron hairpin at the corner of Mills Estate; from there with the Mills Estate South line 13 deg. 49 ‘East 311.95 feet to a nail and hood in the center of Cornelius Farm Road; thence with the center of said road North 76 deg. 11 ‘East 175.36 feet to the corner DEBUT, containing 1.25 acres, more or less, according to a survey prepared by RB Kestler, Jr., chartered surveyor, dated September 12, 1968, and updated August 8 1985, a copy of which is attached hereto and incorporated herein by reference. Being this same property passed on to Paul N. Baker, Jr. and his wife, Ellen Baker, from James M. Willis and his wife, Jane W. Willis, by deed dated August 1, 1983, and recorded in book 689 at the page 1 in the Iredell County Register. Deed Book 720, page 786 SECONDARY TRACT: BEGINNING at an existing iron pipe in the west line of the property of Lee A. Tucker (now or formerly) (Deed Book 720, page 786), said iron pipe being the north corner – is the property of Lester T. Harbinson (now or formerly) (Deed 655, page 20); thence with four new lines from the property of Stella M. Bucks et al. (Deed Book 736, page 823), the following courses and distances: (1) North 14-23-09 West 234.54 feet to a set of iron rebars; (2) North 80-55-00 East 113.65 feet to a point; (3) North 84-46-00 East 63.02 feet to a set of iron rebar; and (4) South 14-22-59 East 213.79 feet to an existing iron rebar, the northeast corner of the Lee A. Tucker property (now or formerly); thence with the line north of the property of Lee A. Tucker (now or formerly) south 75-32-27 west 175.38 feet to the point and place of Beginning, containing 0.908 acres, more or less; said description being made in accordance with the survey of said property prepared by William M. Allen, RLS, dated January 26, 1993; referred to for greater certainty of description. With the improvements therein; said property being located at 856 Cornelius Road, Mooresville, North Carolina. Deed 876, page 1522 Parcel ID # 4648-07-8679 The Trustee may, in its sole discretion, delay the sale for up to one hour, as provided in NCGS §45-21.23. If the property is purchased by a third party, that party must pay the excise tax, plus legal costs of forty-five cents ($ 0.45) per one hundred dollars ($ 100.00) required by NCGS §7A -308 (a) (1). The property that will be offered under this Notice of Sale is offered for sale, transfer and transportation “AS IS, WEST”. Neither the trustee nor the holder of the note secured by the indenture / guarantee agreement, or both, being foreclosed, nor officers, directors, attorneys, employees, agents or authorized representative of the trustee or the holder of the note make any representation or warranty relating to title or to any physical, environmental, health or safety condition existing in, on, on or relating to the property offered for sale, and any responsibilities or obligations arising out of or in any way that it is related to such a condition is expressly rejected. Further, this property is sold subject to any prior taxes, special assessments and liens or charges on file and any recorded releases. Said property is also sold subject to applicable federal and state laws. A deposit of five percent (5%) of the purchase price, or seven hundred and fifty dollars ($ 750.00), whichever is greater, is required and must be returned in certified funds at time of purchase. sale. If the trustee is unable to transfer title to that property for any reason, the buyer’s sole remedy is the return of the deposit. The reasons for such inability to transmit include, but are not limited to, filing a bankruptcy petition before confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is contested by a party, the trustee, at his sole discretion, if he considers that the dispute is well-founded, may request the court to declare the sale void and to return the deposit. The buyer will no longer have any recourse. Additional notice for residential properties of less than 15 rental units, including single-family residential real estate properties the clerk of the superior court of the county where the property is sold. Anyone who occupies the property under a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the foreclosure notice of sale, terminate the rental agreement by delivering a written notice of termination to the owner, which will take effect on a date specified in the notice which is at least 10 days but not more than 90 days after the date of sale contained in this notice of sale, provided that the mortgagor has not remedied the default when the tenant provides the notice of termination. In the event of termination of the rental agreement, the tenant is liable for the rent due under the rental agreement in proportion to the effective date of the termination. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c / o Hutchens Law Firm PO Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Telephone number: (910) 864-3068 https://sales.hutchenslawfirm.com Firm File Number: 1247951 – 10238 Publication: 02 / 12 / and 09/12/2021.