Details for Notice

Updated

NOTICE OF FORECLOSURE SALE 21 SP 160 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Marilyn Sjoukje Bron-Gilmore and Dirk Ryan Gilmore (PRESENT RECORD OWNER(S): Marilyn Sjoukje Bron-Gilmore and Dirk Ryan Gilmore) to Alexis Alan, Trustee(s), dated December 15, 2017, and recorded in Book No. 1535, at Page 1217 in Rockingham County Registry, North Carolina, default having been made in the payment of the promissory note 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 Rockingham 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 Wentworth, Rockingham County, North Carolina, or the customary location designated for foreclosure sales, at 2:30 PM on December 7, 2021 and will sell to the highest bidder for cash the following real estate situated in Eden in the County of Rockingham, North Carolina, and being more particularly described as follows: TRACT 1: LOT 1, BLOCK A: Beginning at an iron in the north margin of Ashby Street, said iron marking the southwest corner of Lot No. 1; thence with the west line of Lot No 1, North 200 feet to an iron, the northwest corner of Lot No 1; thence South 88 deg. East 100 feet to an iron marking the northeast corner of Lot No. 1, and the northwest corner of Lot No. 2; thence with the line between Lot No. 1 and 2, South 200 feet to an iron in the north margin of Ashby Street, the southeast corner of Lot No.1, and the southwest corner of Lot No. 2; thence with the north margin of Ashby Street, North 88 deg. West 100 feet to the point of beginning, the same being all of Lot No.1, Block A, as shown on map recorded in the Office of the Register of Deeds, Rockingham County, in Map Book 9, Page 107. This land is conveyed subject to the following restrictions as to the use thereof, running with the land by whoseoever owned, which restrictions are expressly assented to by the party of the second part in accepting this deed, being as follows: (1) Said lot is to be used for residential purposes only; (2) No residence shall be erected or allowed to remain on said lot of which the cost of construction is less than $8500.00 or containing less than 1,000 sq. feet of floor space, exclusive of porches, car ports or breezeways; (3) No outbuilding shall be erected on the premises except a garage. TRACT 2: W. 1/2 Lot 3, Block A: Beginning at an iron on the north margin of Ashby Street, Draper, N.C., said iron marking the southeast corner of Lot 2 and the southwest corner of Lot 3, Block A, as per survey and Map of Reuben R. Baker, Surveyor, Feb. 1960, for Charles E. Somers and John East, said Map being of record in the office of the Register of Deeds of Rockingham County, N.C., in Map Book 9, Page 107; thence with the line between Lots 2 and 3, North 200 feet to an iron marking the northeast corner of Lot 2 and the northwest corner of Lot 3; thence South 88 deg. East 50 feet to a point; thence South 200 feet to a point in the north margin of Ashby Street; thence North 88 deg. West 50 feet to the point of beginning, the same being the western one-half of Lot 3, Block A, as shown on the above map, to which map reference is hereby made. Subject to restrictions as set out in Deed from Charles E. Somers and wife, Floda F. Somers and John S. East, Jr., and wife, Gertrude S. East to Gerald K. Harris and wife, Ola Mae Harris, being date of August 25, 1962. TRACT 3: Lot 2; Block A: Beginning at an iron in the north margin of Ashby Street, Draper, N.C., said iron marking the southwest corner of Lot 2 and the southeast corner of Lot 1, Block A, as shown on Map by Reuben Baker, Surveyor, for Charles E. Somers and John East, said map being recorded in the office of the Register of Deeds of Rockingham County, in Map Book 9, Page 107; thence with the line between Lots 1 and 2, North 200 feet to an iron; thence South 88 deg. East 100 feet to an iron a corner between Lots 2 and 3; thence with the line between Lots 2 and 3, South 200 feet to an iron in the north margin of Ashby Street; thence North 88 deg. West 100 feet to the point of beginning. The same being all of Lot 2, Block A, as shown on said Map. Subject to restrictions as contained in Deed dated August 2, 1962, from John S. East, Jr., and wife, Gertrude S. East and Charles E. Somers and wife, Floda F. Somers. TRACT 4: E. 1/2 LOT 3, BLOCK A: Beginning at an iron in the north margin of Ashby Street, said iron marking the southwest corner of Lot 4, Block A; thence with the line between Lots 3 and 4, North 22 feet to an iron a corner between Lots 3 and 4; thence North 88 deg. West 50 feet to a point; thence South 200 feet to a point in the north margin of Ashby Street; thence South 88 deg. East 50 feet to the point of beginning, the same being the eastern one-half of Lot 3, Block A as shown on map by Reuben Baker, Survey, for Charles E. Somers and John S. East, said map being recorded in Map Book 9, Page 107, in the office of the Register of Deeds of Rockingham County, to which map reference is hereby made. But this land is conveyed subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, which restrictions are expressly assented to by the party of the second part, in accepting this deed, being as follows: (1) Said lot is to be used for residential purpose only; (2) No residence shall be erected or allowed to remain on said lot of which the cost of construction is less than $8,500.00 or containing less than 1,000 sq. feet of floor space, exclusive of porches, car ports or breezeways; (3) No outbuildings shall be erected on the premises except as a garage. TRACT 5: LOT 2A: Commencing at the northwest intersection of Shannon Drive and Park Circle; thence with the north line of Park Circle, South 89 deg. 25 min. West 179.59 feet to a point, the southwest corner of Lot 9 and the western most terminal point of the north line of Park Circle as the same as shown on the plat hereinafter referred to; thence in a southerly direction 39.99 feet more or less to a point, the northwest corner of Lot 1A as per the survey hereinafter referred to; thence with the south line of Park Circle, North 89 deg. 42 min. 51 sec. East 100.00 feet to the northeast corner of Lot 1A, the POINT OF BEGINNING; thence with the east line of the said Lot 1A, South 02 deg. 19 min. 46 sec. East 205.72 feet to a point, the southeast corner of Lot 1A and the northwest corner of Lot 2: thence with the north line of Lot 2, North 89 deg. 29 min. 11 sec. East 100.08 feet to a point, the southwest corner of Lot 3A and the northeast corner of Lot 2; thence with the west line of Lot 3A, North 02 deg. 21 min. 19 sec. West 205.33 feet to the northwest corner of Lot 3A in the south line of Park Circle; thence with the south line of Park Circle, South 89 deg. 42 min. 51 sec. West 100.00 feet to the POINT OF BEGINNING and being all of Lot 2A as per Map entitled "Subdivision Plat for Charles E. Sommers and John East" by Chris S. Koumparakis, dated September 10, 1974. TRACT 6: Lot 3A, BLOCK A; Commencing at the northwest corner of the intersection of Shannon Drive and Park Circle; thence with the North line of Park Circle North 89 deg. 25 min. West 179.59 feet to a point, the southwest corner of Lot 9; thence crossing park Circle, South 01 deg. 50 min. East 39.99 feet to a point, the northwest corner of Lot 1A in the south line of Park Circle; thence with the south line of Park Circle, North 89 deg. 42 min. 51 sec. East 200 feet to the northeast corner of Lot 2A, the POINT OF BEGINNING; thence continuing with the south line of Park Circle, North 89 deg. 42 min. 51 sec. East, 100.00 feet to a point, the northwest corner of Lot 4A; thence with the west line of Lot 4A, South 02 deg. 20 min. 23 sec. East 204.87 feet to a point, the southwest corner of Lot 4A, thence South 89 deg. 29 min. 20 sec. West, 49.87 feet; thence South 89 deg. 24 min. 42 sec. West 50.06 feet to a point, the southeast corner of Lot 2A; thence with the east line of Lot 2A, North 02 deg. 21 min. 19 sec. West 205.33 feet to the POINT OF BEGINNING and being all of Lot 3A, Block A, as per map entitled "Subdivision Plat for Charles E. Sommers and John East" dated September 10, 1974 by Chris S. Koumparakis. Together with improvements located thereon; said property being located 1809 Ashby Street, Eden, North Carolina. Any portion of the above described property lying within one mile of the city limits of the City of Eden is conveyed subject to the Eden Zoning ordinances; any portion of the above described property lying outside one mile of the city limits of the City of Eden is conveyed subject to Rockingham County Zoning Ordinances. (WMW sss) Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §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 N.C.G.S. §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 are expressly 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 its sole discretion, if it believes 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 P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Firm Case No: 2641 - 6142

1809 Ashby Street, Greensboro, NC 27410

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