IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINASUPERIOR COURT DIVISIONSURRY COUNTY13SP323 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BILLY CAVE AND ALEISHA CAVE DATED JANUARY 31, 2008 AND RECORDED IN BOOK 1228 AT PAGE 682 IN THE SURRY 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 2:00PM on October 6, 2014 the following described real estate and any other improvements which may be situated thereon, in Surry County, North Carolina, and being more particularly described as follows: BEGINNING at a point in the centerline of NC Highway 89, being the northern most corner of that 1-acre tract presently owned by BILLY JAY CAVE and wife, ALEISHA M. CAVE (Book 1028, Page 259-260, Surry County Registry), and running thence with line of land presently owned by Billy Jay Cave (Book 1028, Page 259-260) as follows: South 65 deg. 40' 07" West 26.67 feet to a 7/8-inch new iron pipe, South 69 deg. 44' 25" West 153.67 feet to a 7/8-inch new iron pipe, South 13 deg. 26' 50" East 56.72 feet to a point, South 74 deg. 17' 40" West 13.00 feet to a 7/8-inch new iron pipe, and South 30 deg. 01' 21" East 204.25 feet to a point, corner of land of Billy Jay Cave (Book 1028, Page 259-260) and land of Shirlene Arnder (Book 1056, Page 844); thence with land of Shirlene Arnder (Book 1056, Page 844) South 30 deg. 01' 21" East 123.96 feet to a 7/8-inch new iron pipe and South 04 deg. 47' 53" West 590.01 feet to a 7/8-inch new iron pipe in line of land of Ray J. Goodson; thence with Ray J. Goodson line North 85 deg. 11' 03" West 652.76 feet to an existing iron pipe at fence post, corner for Billy Gray Cave (Book 502, Page 573); thence North 04 deg. 44' 56" East 1321.13 feet, in part with land of Billy Gray Cave (Book 502, Page 573) and in part with land of Pamela Clement (Book 499, Page 776), to an existing iron pipe at fence post within the southern right of way of NC Highway 89; thence North 06 deg. 18' 30" East 25.30 feet to a point in the centerline of NC Highway 89; thence with the centerline of NC Highway 89 South 54 deg. 14' East 725.80 feet to the point of BEGINNING. Containing 16.401 acres as shown on survey by William S. Durham, Jr., PLS L-4091, dated January 10, 2008. Subject to rights of way for NC Highway 89. For reference, being a portion of the 22.52 acre tract described in deed dated July 25, 1985, from ERVIN E. BOWLIN and wife, RACHEL A. BOWLIN, to BILLY CAVE and wife, MARTHA J. CAVE, recorded in the Office of the Register of Deeds of Surry County, North Carolina, on August 4, 1986, at 4:06 p.m. in Book 431, Page 443. And Being more commonly known as: 109 Hidden Ridge Trl, Lowgap, NC 27024 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Billy Jay Cave and Aleisha M. Cave. 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 advised that 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 September 4, 2014. Grady I. Ingle or Elizabeth B. EllsSubstitute Trustee10130 Perimeter Parkway, Suite 400Charlotte, NC 28216(704) 333-8107 Publish Sept 23 & 30, 2014


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