AMENDED RE-NOTICE OF TRUSTEE'S SALE OF REAL ESTATE
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Dorothy M. Eargle, Trustee of the Dorothy M. Eargle Revocable Trust Dated 11/20/2000, to Jonathan C. Parce, Trustee, as dated and recorded June 30, 2008 in Deed of Trust Book 2088, at Page 656 of the Henderson County Registry and in Book 366, at Page 240 of the Polk County Registry and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Henderson County, North Carolina, entered in this foreclosure proceeding, the undersigned will offer for sale at public auction on the 30th day of April, 2015, at 11:00 o’clock A.M., at the door of the Henderson County Courthouse, Hendersonville, North Carolina, the following described real property (including any improvements thereon) situated in Henderson County and Polk County, North Carolina:
TRACT I: BEGINNING at a point near the Henderson County/Polk County line, said beginning point being a corner common to Lot 12 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry) and also being located South 61° West 482.05 feet from an iron pin, which is a tie point on that certain plat entitled “DOROTHY M. AND WILLIAM R. EARGLE”, Saluda Twp., Polk Co., No. Car., Green River Twp., Henderson County, No. Car., dated March 17, 1988, and prepared by Butler Associates, Tryon, NC, recorded in Plat Cabinet A, Slide 378A, Henderson County Registry, and running thence from said beginning point South 18° 21' 25" East 139.68 feet to a point located in the center of the 20' right of way for Linnie Avenue; thence South 0° East 162.19 feet to a point, a corner common to Lot 37 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry); thence North 85° East 137.03 feet to a point in the center of a right of way for Grace Street (unopened); thence North 0° West 114.11 feet to a point in the center of the right of way for Linnie Avenue; thence three (3) calls with the center of the right of way for Linnie Avenue North 28° East 11.65 feet, North 38° 59' East 19.82 feet and North 5° 17' 30" West 28.66 feet to a common corner of Lot 11 of the Blake’s Knob property (Plat Book 4, Page 16, Polk County Registry); thence leaving Linnie Avenue and running with Lot 11 North 84° 30' East 144.07 feet to a point; thence South 0° East 144.93 feet to an iron rod; thence South 55° East 350 feet to an iron pin; thence South 0° 40' 35" West 200.00 feet to an iron rod in the center of the right of way for an unopened street (Grace Street); thence South 80° West 225.00 feet to a point; thence South 80° West 425.37 feet to an iron rod; thence South 41° West 295.55 feet (crossing the Henderson County/Polk County line) to an iron rod; thence South 64° West 396.00 feet to an iron rod; thence North 25° West 462.52 feet to an iron rod; thence South 75° East 264.00 feet to an iron rod; thence North 65° 32' 15" 265.75 feet to an iron rod near the margin of Linnie Avenue; thence North 9° West 510 feet to an iron rod; thence North 61° East 394.59 feet to the point and place of the BEGINNING, containing 14.938 acres, more or less, as shown upon and delineated on the hereinabove referenced plat.
THERE IS HEREBY EXPRESSLY EXCEPTED from the above described property that certain parcel of land (Lot 39, containing approximately 0.27 acre) conveyed to L. E. Wallace by deed dated February 1, 1926, recorded in Deed Book 117, Page 17, Polk County Registry.
The record owner of “Tract I” above-described as reflected on the records of the Henderson County Registry and of the Polk County Registry not more than ten (10) days prior to the posting of this Notice is Dorothy M. Eargle, Trustee of the Dorothy M. Eargle Revocable Trust Dated 11/20/2000.
The real property being offered pursuant hereto is being offered for sale, transfer and conveyance AS IS, WHERE IS, AND WITH ALL FAULTS. Neither the Trustee nor the holder or beneficiary of the note secured by the deed of trust being foreclosed upon make any representations or warranties, express or implied, relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property offered for sale pursuant to this notice of sale, and any and all liabilities arising out of or in any way relating to any such condition expressly are disclaimed. The sale will be made subject to all prior unrecorded or recorded liens, unpaid taxes, and restrictions and easements of record and special assessments, if any.
Third party purchasers must pay the excise tax and the court costs of forty-five cents (45¢) per one hundred dollars ($100.00) up to a maximum of five hundred dollars ($500.00). Pursuant to N.C.G.S. Sec. 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee at the time of the sale a cash deposit of the greater of five (5) percent of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). This sale will be held open ten (10) days for upset bids as required by law. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. Sec. 45-21.30(d) and (e). If the sale is set aside for any reason, the successful bidder shall be entitled only to a return of the bid deposit, and no further or other recourse or remedy may be asserted against the Grantor, Grantee, Trustee or the attorney of any of the foregoing.
Additional notice for residential real property with less than 15 rental units: An order for possession of the property may be issued pursuant to N.C.G.S. Sec. 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. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
Dated this the 31st day of March, 2015.

Jonathan C. Parce, Trustee
P.O. Box 628
Hendersonville, NC 28793

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