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AMENDED RE-NOTICE OF TRUSTEE'S SALE OF REAL ESTATE

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

4/22, 29

NOTICE OF FORECLOSURE SALE, FILE NO. 2016-SP-21

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

4/27, 5/4

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