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KMA 97395515
IN THE GENERAL COURT OF JUSTICE
BEFORE THE CLERK
07 SP 97
NORTH CAROLINA
JACKSON COUNTY
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JIMMY R. WILSON AND WIFE, ANGELA WILSON DATED October 19, 2004 AND RECORDED IN BOOK 1458, PAGE 88, JACKSON COUNTY REGISTRY, TO BB&T COLLATERAL SERVICE CORP, TRUSTEE.
SECOND NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in that certain deed of trust executed by JIMMY R. WILSON AND WIFE, ANGELA WILSON dated October 19, 2004 to BB&T COLLATERAL SERVICE CORPORATION, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 1458, Page 88, JACKSON County Registry, default having been made in payment of the indebtedness thereby secured and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of JACKSON County, North Carolina, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the JACKSON County Courthouse, at 10:30 a.m. on
August 9, 2007, the property conveyed in said deed of trust, the same lying and being in the County of JACKSON and State of North Carolina, and more particularly described as follows:
BEGINNING AT AN EXISTING IRON PIN IN THE LINE OF DOYLE GUNTER, NOW OR FORMER. (BOOK 506, PAGE 379, SOUTHERNMOST CORNER OF THE LANDS OF DEBORAH W, PETITO AND HAROLD JAMES WILSON, NOW OR FORMER (BOOK 1128, PAGE 451), AND RUNS THENCE WITH THE LINE OF SAID GUNTER, S. 53-57-02 E. 126.09 FEET TO AN IRON PIN SET LOCATED S 29-34-15 W 70.31 FEET FROM THE WESTERNMOST CORNER OF THE WELL HOUSE AND S 30-33-50 W. 67.19 FEET FROM THE EASTERNMOST CORNER OF THE WELL HOUSE; RUNS THENCE A DIVISIONAL LINE N. 34-10 29 B. 152 38 FEET TO AN IRON PIN SET; THENCE N, 65 5400 W. 92 63 FEET TO AN IRON PIN SET NEAR THE EAST MARGIN OF A GRAVEL DRIVE; THENCE N. 19 18-10 W. 111.06 FEET, PASSING AN IRON PIN SET AT 87.47 FEET TO A POINT IN NORTH CAROLINA STATE ROAD 1409 (BECK BRANCH ROAD); THENCE WITH NORTH CAROLINA STATE ROAD 1409, S. 76-54-57 W 37 75 FEET TO A POINT, NORTHEASTERN CORNER OF THE LANDS OF PETITO AND WILSON, NOW OR FORMER (BOOK 1128, PAGE 451); THENCE WITH THE EASTERLY LINE OF SAID OF THE LANDS OF SAID PETITO AND WILSON, S 19 18-10 W. 145.34 FEET, PASSING AN IRON PIN SET AT 21 03 FEET, TO AN IRON PIN SET, EASTERNMOST CORNER OF PETITO AND WILSON, AND S. 58-08.58 W. 91.70 FEET TO THE POINT OF BEGINNING, BEING LOT 3 CONTAINING 0.44 ACRES AS SHOWN ON THE UNRECORDED SURVEY PLAT DATED AUGUST 8, 2001. REVISED MARCH I9, 2002, BY BOBBY H. BURNS, PLS,, ENTITLED “SURVEY FOR DEBORAH W. PETITO," BEING DRAWING NO. J 198.
TOGETHER WITH THE RIGHT TO TAKE WATER FROM THE WELL LOCATED ON THE SOUTHEASTERN BOUNDARY LINE OF THE LANDS HEREIN CONVEYED, SUFFICIENT FOR ONE SINGLE-FAMILY DWELLING FOR DOMESTIC PURPOSES ONLY; TOGETHER WITH AN EASEMENT FOR WATER PIPE LINES AND THE RIGHT OF INGRESS, EGRESS AND REGRESS FOR THE PURPOSES OF INSPECTING, MAINTAINING AND REPLACING SAID WATER PIPE LINES AND THE RIGHT TO USE THE WELL HOUSE; WITH ALL PARTIES HAVING THE RIGHT TO TAKE WATER FROM SAID WELL TO SHARE IN THE COSTS OF OPERATION, MAINTENANCE, INSPECTION AND REPAIR OF SAID WELL, WELL PUMP, AND WELL HOUSE.
SUBJECT TO THE RIGHTS OF OTHERS TO TAKE WATER FROM SAID WELL LOCATED ON THE SOUTHEASTERN BOUNDARY LINE OF THE LANDS HEREIN CONVEYED AND TO EXISTING EASEMENT FOR WATER PIPE LINES AND THE MAINTENANCE, REPLACEMENT AND INSPECTION OF THE SAME.
SUBJECT TO THE RIGHT OF WAY FOR NORTH CAROLINE STATE ROAD 1409) TO ITS FULL LEGAL WIDTH.
BEING A PORTION OF THE LANDS CONVEYED BY DEED RECORDED IN BOOK 1128, PAGE 454, JACKSON COUNTY PUBLIC REGISTRY.
Tax Map Reference: 112947
Being that parcel or land conveyed to JIMMY RAY WILSON, JR from TEDDY LEE WILSON by that deed dated 05/26/2002 and recorded 05/31/2002 in deed book 1152, at page 813 of the JACKSON County, NC Public Registry.
The address/location for the real property is as follows: Beck Branch Rd., SR 1409, Thomas Valley 441 N, Whittier, NC 28789
The record owner(s) of the real property is/are: Jimmy R. Wilson, a/k/a Jimmy Ray Wilson, Jr. and Angela Wilson
This sale will be made subject to: (1) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (2) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (3) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (4) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemptions applies.
The property is being sold "as is"; neither the beneficiary of the deed of trust, nor the Substitute Trustee, makes any warranties or representations concerning the condition of the property being sold, nor does the undersigned make any warranties of title.
The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and the final court/auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure 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, with the remaining balance to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
The foreclosure sale has been rescheduled because the original Notice of Sale was not published in the newspaper as required by law.
This the 10th day of July.
SMITH DEBNAM NARRON WYCHE
SAINTSING & MYERS, L.L.P.
Jeff D. Rogers, Substitute Trustee
P. O. Box 26268
Raleigh, NC 27611-6268
(919) 250-2000
18,19
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