NOTICE OF FORECLOSURE SALE
NORTH CAROLINA,
HENDERSON COUNTY

FILE NO. 2016-SP-21
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Keith Brock and Diane Brock, which was dated September 28, 2000 and recorded on January 5, 2001 in Book 935 at Page 148, Henderson County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Whitney Staton Hebert, 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 Henderson County, North Carolina, courthouse, or the usual and customary location at the county courthouse for conducting the sale on May 5, 2016 at 10:00 a. m. and will sell to the highest bidder for cash the following described property situated in Henderson County, North Carolina, to wit:
See Attached Exhibit A for a complete description of the property being conveyed herein, and which is incorporated herein by reference.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as: 6 Kendrick Court
Flat Rock, NC 28731 Third party purchasers must pay the excise tax, and the court costs of Forty-Five (45¢) per One Hundred Dollars ($100.00) pursuant to NCGS 7A-308(a)(1). 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.
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 all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessment, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are: Keith Brock and Diane Brock.
An Order for possession of the property may be issued pursuant to 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 sale, terminate the rental agreement upon 10 days’ written notice to the landlord. 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.
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.
EXHIBIT A
Being all of Lot 3 of Grove Hills Subdivision as shown on plat recorded in Plat Slide 3053, Henderson County Registry, reference to which is hereby made for a more complete description.
Subject to those Restrictive Covenants recorded in Deed Book 1048, Page 207, Henderson County Registry.
Subject to that Water Line Extension Agreement recorded in Deed Book 987, Page 362, and Deed Book 1019, Page 711, Henderson County Registry.
Subject to the full legal width of Kendrick Court.
Also being a portion of that property as described in Deed Book 733, Page 827, Henderson County Registry.
This property is conveyed subject to a utility easement reserved by the Grantor herein; said utility easement being ten (10) feet in width running along the front, both sides and rear of the subject lot for the installation, maintenance and repair of ALL utilities including, but not limited to water, sewer, electrical, cable television.

Whitney Staton Hebert, Substitute Trustee c/o Randolph C. Romeo,
Attorney for Substitute Trustee
136 South King Street, Suite B
Hendersonville, NC 28792
(828) 692-0854
Fax: (828) 697-1283
rcromeo@morrisbb.net

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