Details for Amended Notice of Foreclosure Sale - PEMBERTON, LINDA S.


18 SP 61


Under and by virtue of the power of sale contained in a certain Deed of Trust made by Linda S. Pemberton, (Linda S. Pemberton, deceased)(Heirs of Linda S. Pemberton:  Bonita Pemberton, Vernell Pemberton, Ronald Pemberton and Unknown Heirs of Linda S. Pemberton) to John W. Pritchard, Jr., Trustee(s), dated the 16th day of November, 1999, and recorded in Book 385, Page 697, in Montgomery County Registry, North Carolina, default having been made in the payment of the note thereby 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 of Montgomery 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 the City of Troy, Montgomery County, North Carolina, or the customary location designated for foreclosure sales, at 1:30 PM on July 24, 2019 and will sell to the highest bidder for cash the following real estate situated  in the County of Montgomery, North Carolina, and being more particularly described as follows:

Lying and being situated in Montgomery County, North Carolina, and more particularly described as follows:



LOT #3

BEGINNING on an iron in the western side of Highway #109, said iron pin being located South 4-30 East 1141.5 feet from a concrete monument, a corner with the Hamer Creek Church lot, also the original northeast corner of the 14 acre tract as described in a deed recorded in Book 146, Page 312 of the Montgomery County Registry, said beginning corner being also the northeast corner of a lot described as Lot #3 on a map prepared by Glen Martin, Registered Surveyor, dated August 5, 1968; and runs from said beginning iron stake South 84-30 West 200 feet to an iron pin a new corner stake as indicated on said plat as the northwest corner of Lot #3 in the southside of a proposed sixty (60) foot street;


Thence South  4-30 East 100 feet to an iron pin the northwest corner of Lot #2 on said plat; thence North 85-30 East 200 feet to an iron pin in the western side of Highway #109, North 4-30 West 100 feet to the BEGINNING and being indicated as Lot #3 on the map above referred to. 



BEGINNING at the right of way of North Carolina highway #109 and runs with said right of way South 4-30 East 60 feet to a point at said right of way; thence approximately South 85-30 West 200 feet to a point; thence North 4-30 West 60 feet to a point; thence North 85-30 East to the point of BEGINNING; and being that parcel lying between Lot Nos. 3 & 4 of the Brill Huntley (formerly T. B. Matheson) lands, according to survey by Glenn K. Martin registered surveyor, dated August 5, 1968.


Together with improvements located thereon; said property being located at 4938 NC Highway 109 South, Mount Gilead, North Carolina. 


Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §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 expressly are 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 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.

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.






c/o Hutchens Law Firm LLP

P.O. Box 1028

4317 Ramsey Street


North Carolina 28311

Phone No: 

(910) 864-3068

Case No: 

1239051 (FC.FAY)

July 17, 2tc