NOTICE OF FORECLOSURE SALE 20 SP 41 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Dianne L. Benfield and Benny R. Benfield (PRESENT RECORD OWNER(S): Benny Benfield and Dianne Lynn Benfield) to Morris & Schneider, Trustee(s), dated October 15, 2003, and recorded in Book No. 371, at Page 2547 in Avery County Registry, North Carolina, default having been made in the payment of the promissory note 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 Avery 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 Newland, Avery County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on April 23, 2021 and will sell to the highest bidder for cash the following real estate situated in Newland in the County of Avery, North Carolina, and being more particularly described as follows: BEGINNING on an iron stake near the northern margin of N.C.S.R. 1117 and proceeding South 48 degrees 30 minutes West 131.10 feet to a point; thence South 34 degrees 09 minutes West 125.41 feet to a point; thence North 67 degrees 13 minutes West 59.11 feet to an iron stake; thence North 05 degrees 50 minutes East 154.39 feet to an iron stake; thence North 55 degrees 33 minutes East 98.69 feet to an iron stake; thence North 04 degrees 43 minutes East 174.84 feet to an iron stake; thence South 81 degrees 17 minutes East 65.79 feet to an iron stake; thence South 12 degrees 45 minutes East 211.13 feet to the point of BEGINNING, containing 1.006 acres by D.M.D. as shown on that certain Map prepared by William E. Arrowood, RLS #L-1510, dated 11-3-78. Together with improvements located thereon; said property being located at 1440 Horney Road, Newland, North Carolina. Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §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 N.C.G.S. §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 are expressly 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 its sole discretion, if it believes 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 Firm Case No: 3843 - 12869


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