Washington Daily News
March 3, 2021
NOTICE OF FORECLOSURE SALE
19 SP 124
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mark A. Matthews and Tambra K. Matthews to Thomas A. Vann, Trustee(s), which was dated November 27, 2007 and recorded on November 27, 2007 in Book 1618 at Page 203 and rerecorded/modified/corrected on December 14, 2020 in Book 2046, Page 94, Beaufort County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on March 16, 2021 at 11:00 AM, and will sell to the highest bidder for cash the following described property situated in Beaufort County, North Carolina, to wit:
Lying and being situated in Beaufort County, North Carolina and being more particularly described as follows:
COMMENCING at North Carolina Department of Transportation GPS Station B4020-2 Coordinates of North = 665305.391 feet, East = 2570829.166 feet; thence South 04 degrees, 10' 02" East 71.46 feet across S.R. 1403 Clarks Neck Road, 60 foot right of way, to a 3/4" iron pipe, with coordinates of North = 665234.115 feet and East = 2570834.359 feet with located at the Northeast corner of the Property herein described, the POINT OF BEGINNING; thence leaving that said iron pipe and following the eastern line of the Property herein described South 19 degrees, 26' 34" East 150.00 feet to a 1/2" iron rebar located at the Southeast corner of the Property herein described; thence leaving said rebar South 86 degrees 49' 31" West 119.23 feet to a 1/2" iron rebar located at the Southwest corner of the Property herein described; thence leaving said iron rebar North 11 degrees 30' 22" West 150.00 feet to a 1/2" iron rebar located at the Northwest corner of the Property herein described; thence leaving said rebar South 89 degrees 24' 42" East 74.16 feet, along the Southern line of S.R. 1403, Clarks Neck Road, to a 3/4" iron pipe located along the Northern portion of the Property herein described; thence leaving said and continuing along said right of way North 85 degrees 48' 12" East 24.95 feet to the point of beginning, containing approximately .363 acres or 15,801 square feet more or less, as shown on a survey entitled "Survey for Tambra K. Matthews and husband Mark A. Matthews", drawn by May and Associates, P.A., PLS, dated August 10, 2009, Project No. 09022A, as recorded November 9, 2011, in the Beaufort County Registry at Plat Cabinet H, Slide 80-4.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 259 Clarks Neck Road, Washington, NC 27889.
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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
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 assessments, 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 Tambra K. Matthews and husband, Mark A. Matthews.
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 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 no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS 45-21.16A(b)(2)]. 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.
Trustee Services of Carolina, LLC
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 14-22845-FC02
Washington Daily News: Mar. 3 and 10, 2021