Details for NTS- Uwharrie Tillery

NOTICE OF 

SUBSTITUTE TRUSTEE’S 

FORECLOSURE

SALE OF REAL 

PROPERTY

STATE OF 

NORTH CAROLINA

COUNTY OF 

MONTGOMERY

IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT 

DIVISION

20-SP-20

 

In the Matter of the 

Foreclosure of the Deed

of Trust executed by The Tillery Tradition, Inc.,

Grantor,

to Uwharrie Mortgage, Inc.,

Original Trustee,

As recorded in Book 677, Page 539 of

the Montgomery 

County Public Registry.

See Substitution of 

Trustee which Substitutes

Robert M. Friesen as Substitute Trustee in

the place and stead of Original Trustee, as

recorded in Book 842, Page 198 of the Montgomery 

County  Public  Registry.

 

Pursuant to the power and authority contained in the Deed of Trust from The Tillery Tradition, Inc. to Uwharrie Mortgage, Inc. (the “Original Trustee”) for the benefit of Bank of Stanly recorded in Book 677, Page 539 of the Montgomery County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described in Exhibit A attached to the Deed of Trust (which description is fully incorporated herein by reference), together with all existing or subsequently erected buildings, improvements and fixtures, all easements, rights of way, and appurtenances, all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights, and all other rights, royalties, and profits relating to the real property including, without limitation, all minerals, oil, gas, geothermal and similar matters (the “Property”).

The record owner of the Property as reflected by the records of the Register of Deeds of Montgomery County not more than ten (10) days prior to the posting of this Notice was The Tillery Tradition, Inc.

The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.

The Property will be sold “AS IS, WHERE IS.”  Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.

Pursuant to North Carolina General Statutes Section 

45-21.10, any successful 

bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute 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 of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.

 

The sale will be held open for ten (10) days for upset bids as by law required..

 

DATE OF SALE:

September 29, 2020

HOUR OF SALE:

11:00 a.m. 

PLACE OF SALE:

Montgomery 

County Courthouse

This the 10th day of August, 2020.

 

Robert M. Friesen, 

Substitute Trustee

Robbins May & Rich LLP

120 Applecross Road

Pinehurst, 

North Carolina 28374

Telephone: 

(910) 692-4900

Sep.23 2t

 

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