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IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINASUPERIOR COURT D...

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IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINASUPERIOR COURT DIVISIONANSON COUNTY13SP73 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ELAINE L. SIMMONS DATED SEPTEMBER 22, 2008 AND RECORDED IN BOOK 893 AT PAGE 0158 IN THE ANSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 11:30AM on January 9, 2014 the following described real estate and any other improvements which may be situated thereon, in Anson County, North Carolina, and being more particularly described as follows: BEGINNING AT A NAIL IN THE CENTERLINE OF SR #1632 LOCATED APPROXIMATELY 3080 FEET NORTHEAST OF THE INTERSECTION OF SAID ROAD WITH U.S. 52 AND BEING THE NORTHWEST CORNER OF THE WADE SIMMONS LINE S 36-01 E, PASSING OVER AN IRON STAKE AT 33.43 FEET TO AN IRON STAKE IN THE CLAY WATKINS HEIRS LINE, THE SOUTHWEST CORNER OF THE WADE SIMMONS LOT; THENCE WITH THE CLAY WATKINS AND SANFORD SIMMONS LINE S 68-59 W. 138.17 FEET TO AN IRON STAKE IN SAID LINE; THENCE A NEW LINE N 11-24 W 272.34 FEET TO A NIL IN THE CENTERLINE OF #1632; THENCE WITH SAID CENTERLINE N 54-51-20 E 20 FEET TO THE BEGINNING, CONTAINING .49 ACRES AS COMPUTED. AND BEGINING AT A POINT IN THE CENTER OF STATE ROAD, 1632 ABOUT 3200 FEET EAST OF THE CENTER OF U.S. HY 8 52 MONROE SIMPSON JR. WESTERN MOST CORNER OF HIS 2.00 ACRE TRACT, AND RUNS WITH SAID TRACT S 68.53 E 445.2 FEET TO A STAKE IN THE CLAY WATKINS EST. LINE; THENCE WITH SAID LINE 268.30 14 372 FEET TO A STAKE; THENCE A NEW LINE N 31-00 14 280.0 FEET TO THE CENTER OF THE ROAD; THENCE WITH THE CENTER OF THE ROAD N 55---00 E 100.0 FEET TO THE BEGINNING CONTAINING 1.5 ACRES. THE SAME BEING A PART OF THAT TRACT OF LAND CONVEYED BY JOE L. HILDRETH TO S.S SIMMONS AND WIFE ON THE 27TH DAY OF NOV 1961 AS RECORDED IN DEED BOOK 142 AT PAGE 161 IN THE PUBLIC REGISTRY OF ANSON COUNTY. Less and Except the following:BEGINNING at a nail In the center line of SA #1632, said point being 3180 feet from the intersection of U.S. Highway 52, and from this point of beginning thence N. 54.51-20 E. 80 feet to a point in the centerline of SR #1632: thence with the line of Monroe Simpson, Jr., S. 67057-40: 436.20 feet to a point and an existing iron stake: thence with the line of Clay Watkins heirs S. 68-59 W. 267.93 feet to a point; thence N. 34-29-30 W. 301.21 feet to a point in the centerline of SR #1632; thence with the centerline of SR #1632 N. 54-51-20 E. 80 feet to a point which is the beginning, containing .98 acres, more or less, according to that certain plat, plan and survey entitled "Lot Survey of Wade S. arid Elaine L. Simmons, Ansonville Township, Anson County, North Carolina", dated May 7,1976 and surveyed by William G. Martin, RLS. And Being more commonly known as: 620 Dunlap Rd, Ansonville, NC 28007 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Elaine L. Simmons. 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to anytransfer tax associated with the foreclosure. deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of termination. The date of this Notice is December 19, 2013. Grady B. Ingle or Elizabeth B. EllsSubstitute Trustee10130 Perimeter Parkway, Suite 400Charlotte, NC 28216(704) 333-8107http://shapiroattorneys.com/nc/13-0531621/1/8/2014

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