catawba | Legal announcements | mcdowellnews.com
NOTICE OF FORCLOSURE OF SALE CATAWBA COUNTY 21 SP 246 Pursuant to and pursuant to the Power of Sale contained in this Deed of Trust executed by MICHAEL L. SHOOK AND HIS WIFE, JACKIE HUFFMAN SHOOK A/K/A JACKIE H. SHOOK dated 23 January 2004 to BB&T COLLATERAL SERVICE CORPORATION, Trustee of TRUIST BANK, FORMERLY KNOWN AS BRANCH BANKING AND TRUST, Registered in Book 2550, Page 1391, CATAWBA County Register; failure to pay the debt thus guaranteed; and the findings necessary to permit the foreclosure having been made by the Clerk of the Superior Court of CATAWBA County, North Carolina; the undersigned Substitute Trustee will offer at public auction to the highest bidder for cash, the property conveyed in said Deed of Trust, the same being and located in the County of CATAWBA and the State of North Carolina, and more particularly described as follows: BEING all of Lot 43 of the Rock Barn Club of Golf, Block E, Section No. IV, as shown on the survey, by Marlon E. Bolch, dated July 31, 1974, entitled “Rock Barn Club of Golf, Block E – Section IV, Clines Township, Catawba Co., NC”, and recorded in Plat Book 15 at page 133, Catawba, County Registry, and reference to said plat and its registration is hereby made for a more complete and detailed description. The above property is conveyed subject to all covenants, reservations and restrictions imposed upon said property by Rock Barn Club of Golf, Inc., pursuant to the Statement of Restrictions duly recorded in Book 968 at page 50 and as such as amended in Book 969 at Page 23, Catawba County Records. PROPERTY ADDRESS/LOCATION: 2719 Lyle Ct., NE, Conover NC 28613 DATE OF SALE: March 29, 2022 TIME OF SALE: 10:30 AM LOCATION OF SALE: CATAWBA County Courthouse OWNER(S) OF REGISTRATION: Michael L Shook and his wife, Jackie Huffman Shook A/k/a Jackie H. Shook TERMS OF SALE: (1) This sale shall be subject to: (a) all liens, encumbrances, easements, rights of way, covenants or other registration restrictions affecting ownership; (b) property taxes and assessments for the year in which the sale occurs, as well as for all prior years; (c) federal tax liens for which proper notice has not been given to the Internal Revenue Service; (d) federal tax liens for which proper notice has been given to the Internal Revenue Service and to which the right of redemption applies; and (e) the right to repayment or reinstatement of the Loan as permitted by law. (2) The property is sold “as is”. Neither the Beneficiary of the Indenture nor the undersigned Alternate Trustee makes any warranties or representations regarding the Property, including, but not limited to, the physical or environmental condition of the Property. Further, the undersigned alternate trustee makes no warranty of title with respect to title to the property. (3) The highest bidder shall be responsible for payment of the revenue stamps payable at the Deeds Registry and final court and/or audit costs payable to the Clerk of the Superior Court which are assessed on the highest bid resulting from this foreclosure sale. (4) At the time of sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, the remaining balance of the bid amount to be paid. the day following the expiration of the applicable ten (10) day Disrupted Offer period. (5) Any person occupying the property under a tenancy agreement entered into or renewed on or after October 1, 2007 may, after receiving this notice of forced sale, terminate the tenancy agreement by delivering written notice of Termination to the Owner, to be effective on a date specified in the notice which is at least 10 days, but not more than 90 days, after the date of sale contained in this notice of foreclosure sale, provided that the debtor mortgage has not remedied the default at the time the tenant provides the notice of termination. In the event of termination of a rental agreement, the tenant is liable for the rent due under the rental agreement in proportion to the effective date of the termination. (6) An order for possession of the property sold may be issued pursuant to NCGS §45-21.29 in favor of the buyer and against the party or parties in possession, by the clerk of the Superior Court of the county in which the property is sold. (7) If the sale is canceled for any reason, or if the trustee is unable to pass title to the seized property for any reason, the purchaser at the sale does not shall be entitled only to reimbursement of the deposit paid. Buyer shall have no further recourse against the mortgagor, mortgagee, mortgagee’s attorney or substitute trustee. Date: January 4, 2022. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP Jeff D. Rogers, Substitute Trustee PO Box 176010 Raleigh, NC 27619-6010 (919) 250-2000 Fax: (919) 250-2211 This communication is from a collection agent. The purpose of this communication is to collect a debt. This is an attempt to collect a debt, and any information obtained will be used for this purpose. Publication: March 21 and March 28, 2022.