NORTH CAROLINA BUNCOMBE COUNTY iN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 18-SP-356 IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF ANGELA DODD WILLIAMS and CHAD ERIC WILLIAMS, Grantors, To MARK T. ADERHOLD, ESQUIRE Substitute Trustee, AS RECORDED IN BOOK 2329 AT PAGE 311 OF THE BUNCOMBE PUBLIC REGISTRY. NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by ANGELA DODD WILLIAMS and CHAD ERIC WILLIAMS, dated August 23, 2000, and recorded in the Office of the Register of Deeds in Book 2329 at Page 311, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 1st day of October, 2018 at 10:30 AM at the door or usual place for conducting sales at the Buncombe County Courthouse, Asheville, North Carolina, the real property described in Exhibit A attached hereto and incorporated herein by reference (including permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon). The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above described real property as reflected on the records of the Buncombe County Register of Deeds not more than ten (10) days prior to the posting of this Notice is ANGELA DODD WILLIAMS. Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance 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 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 the event the property owner(s) file a bankruptcy petition prior to the expiration of the 10-day upset bid period, an automatic stay of the foreclosure sale will be imposed in accordance with the Bankruptcy Code (11 U.S.C. § 362) and the bidder's relief will be limited to the return of his/her bid deposit. Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. § 7A-308(a)(1). SPECIAL PROVISIONS FOR SALE OF RESIDENTIAL REAL PROPERTY WITH LESS THAN 15 RENTAL UNITS: 1. An order for possession of the property may be issued pursuant to N.C.G.S. § 45-21.29 and § 45-21.33A 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 bona fide lease or tenancy may have additional rights pursuant to N.C.G.S. § 45-21.33A. 2. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this 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 of termination 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. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. 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 Substitute Trustee nor the holder of the promissory note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the promissory note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale will be held open ten (10) days for upset bids as required by law. This the 31st day of August, 2018. MARK T. ADERHOLD, Substitute Trustee 2596 Reynolda Road, Suite C Winston-Salem, North Carolina 27106 (336) 723-3530 EXHIBIT A BEGINNING on a rebar found in the eastern margin of a gravel road, and in the David L. and Sally B. Withers (deed book 1524 at page 528) property line, and further being located North 43 deg. 31 min. 24 sec. East 16.00 feet from the northernmost fence corner of the Matthew V. Mahoney property (deed book 1499 at page 142), and runs thence from the beginning and with the eastern margin of said gravel road South 45 deg. 02 min. 27 sec. East 180.00 feet to an unmarked point; thence continuing with the eastern margin of said gravel road, South 68 deg. 36 min. 26 sec. East 21.59 feet to a no. 5 rebar set in the center of the Y intersection of two gravel roads; thence continuing with the western margin of another gravel road along the eastern margin of the within property, the following courses and distances: North 11 deg. 32 min. 48 sec. West 53.56 feet to a No. 5 rebar set; thence North 20 deg. 08 min. 39 sec. West 148.67 feet to an iron pipe set; thence North 13 deg. 54 min. 39 sec. West 81.13 feet to an iron pipe set; thence continuing following the margin of said road around a curve the following courses and distances: North 41 deg. 48 min. 03 sec. West 24.10 feet to an iron pipe set; thence South 74 deg. 58 min. 24 sec. West 24.84 feet; thence South 32 deg. 51 min. 11 sec. West 41.18 feet to an iron pipe set; thence South 04 deg. 24 min. 05 sec. West 99.78 feet to an iron pipe set; thence North 87 deg. 41 min. 19 sec. East 17.21 feet to a no. 5 rebar set; thence South 43 deg. 31 min. 24 sec. West 19.25 feet to the point of BEGINNING , containing 0.46 acres, more or less, all according to plat and survey prepared by C & R Surveying, Mitchell E. Effler, RLS, RLS No. L-2583, and being drawing no. C-7196. There is also conveyed herewith a non-exclusive road right of way, 16.00 feet in width, leading from Riddle Road, NCSR 2431, and running with the gravel road as the same now lies, exists and is located and running along a portion western boundary line of the above described property, and being the right of way heretofore conveyed to the grantors herein in deed book 762, at page 33 of the Buncombe County Registry. This being a non-exclusive road right of way and is to remain open and unobstructed at all times. September 20, 27, 2018 0003146129
