IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINASUPERIOR DIVISION ANSON COUNTY14SP18 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL J. TYSON DATED AUGUST 10, 2007 AND RECORDED IN BOOK 846 AT PAGE 208 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 2:30PM on June 11, 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 point of the western edge of the right of way of North Carolina Highway #109, about one mile South of Wadesboro, North Carolina and being the corner of Lots number 1 and 2 and runs with the right of way of said highway South 13-19 West 82.0 feet to a corner of Lots Numbers 2 and 3; thence with the dividing line of Lots Numbers 2 and 3, North 76-56 West 150.00 feet to another corner of Lots Numbers 2 and 3 in the dividing line of Lot Number 4; thence with the dividing line of Lots Numbers 2 and 4, North 12-25 East 82.0 feet to a corner of Lots Numbers 1 and 2 in the dividing line of Lot Number 4; thence with the dividing line of Lots Number 1 and 2 South 76-56 East 150.00 feet to the beginning. The same being Lot Number 2 in Block "A" as shown on that certain plat entitled "Hidden Valley-A Subdivision Property of Charlie Freeman", Wadesboro Township Anson County, North Carolina, survey and drawing by F.S. Clarke, RLS, survey dated July 1, 1961. Reference is hereby made to said plat for a more complete description of said Lot or Parcel of land. The same being a part of the real estate was devised to Charlie Freeman by the Last Will and Testament of Will A. Freeman as recorded in the Office of Clerk of Superior Court of Anson County, North Carolina in Will Book "G" at Page Number 536 to which reference is hereby made and had. The aforesaid Lot is a part of the subdivision of "Hidden Valley" and is conveyed subject to the following restriction as to the use thereof and is a restriction running with the land by whomsovever owned and is expressly assented to by the acceptance of this deed, to wit: That no dwellinf shall be erected in the future upon said lot with a ground floor heating area of less than the minimum of one thousand )1,000) feet. Reference is made to Deed Book 150, Page 331, Anson County Registry. Reference is made to Book 517, Page 017, Anson County Registry. And Being more commonly known as: 1222 Camden Rd, Wadesboro, NC 28170 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are the Heirs of Michael J. Tyson. 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 any transfer tax associated with the foreclosure. A 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 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 advisedthat 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 the termination. The date of this Notice is May 21, 2014. Grady I. Ingle or Elizabeth B. EllsSubstitute Trustee10130 Perimeter Parkway, Suite 400Charlotte, NC 28216(704) 333-8107 & 6/4/2014


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