NOTICE OF FORECLOSURE SALE
FILE NUMBER:
26SP000004-880
Under and by virtue of the power of sale contained in a Deed of Trust executed by THEOPHILUS FENNER dated September 1, 2006 in the amount of $117,000.00 and recorded in Book 206, Page 461 of the Tyrrell County Public Registry by ANTHONY MASELLI OR GENEVIEVE JOHNSON, EITHER OF WHOM MAY ACT, Substitute Trustee, default having been made in the terms of agreement set forth by the loan agreement secured by the said Deed of Trust and the undersigned, ANTHONY MASELLI OR GENEVIEVE JOHNSON, EITHER OF WHOM MAY ACT, having been substituted as Successor Trustee in said Deed of Trust by an instrument duly recorded in the Official Records of Tyrrell County, North Carolina, in Book 264, Page 270, 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 Tyrrell County, North Carolina, or the customary location designated for foreclosure sales, on August 13, 2026 at 11:00 AM, and will sell to the highest bidder for cash the following real estate situated in the County of Tyrrell, North Carolina, and being more particularly described as follows:
PARCEL IDENTIFICATION NUMBER(S): T075-01-020
ADDRESS: 930 HWY 94 COLUMBIA, NC 27925
PRESENT RECORD OWNER(S): UNKNOWN HEIRS OF THEOPHILUS FENNER
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF NORTH CAROLINA, COUNTY OF TYRRELL, AND IS DESCRIBED IN DEED BOOK 206, PAGE 461, AS FOLLOWS:
ALL OF THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE COLUMBIA
TOWNSHIP, TYRRELL COUNTY, NORTH CAROLINA DESCRIBED AS FOLLOWS:
TRACT ONE:
BEGINNING AT AN IRON PIN LOCATED IN THE WESTERN RIGHT OF WAY LINE OF N.C. HIGHWAY NO 94, SAID POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF THAT CERTAIN LOT DESCRIBED AND CONVEYED IN THAT DEED DATED AUGUST 3, 1973, FROM DAVID SPENCER AND WIFE TO CHARLOTTE S. FENNER, WHICH IS OF RECORD IN BOOK 134, AT PAGE 176, IN THE OFFICE OF THE REGISTER OF DEEDS OF TYRRELL COUNTY;
THENCE RUNNING IN A WESTERLY DIRECTION ALONG THE SOUTHERN LINE OF THE SAID CHARLOTTE S. FENNER LOT 184 FEET TO AN IRON PIN IN THE KENNETH COOPER LINE;
THENCE RUNNING IN A SOUTHERLY DIRECTION ALONG SAID COOPER LINE 18 FEET TO AN IRON PIN;
THENCE RUNNING IN AN EASTERLY DIRECTION PARALLEL WITH THE FIRST COURSE HEREIN 184 FEET TO THE WESTERN RIGHT OF WAY LINE OF N.C. HIGHWAY NO. 94;
THENCE ALONG AND WITH SAID RIGHT OF WAY LINE IN A NORTHERLY DIRECTION 18
FEET TO THE POINT AND PLACE OF BEGINNING, AND BEING A PORTION OF THOSE
LANDS DESCRIBED IN THAT CERTAIN DEED EXECUTED BY LINWOOD SPENCER AND
OTHERS TO DAVID SPENCER AND WIFE BY DEED DATED JANUARY 9, 1959, OF RECORD IN BOOK 113, AT PAGE 340, IN THE OFFICE OF THE REGISTER OF DEEDS OF TYRRELL COUNTY.
TRACT TWO:
BEGINNING AT AN IRON PIN LOCATED IN THE WESTERN RIGHT OF WAY LINE OF NORTH CAROLINA HIGHWAY NO. 94 SAID POINT OF BEGINNING BEING THE SOUTHERN CORNER OF LINWOOD SPENCER LOT AND
RUNNING THENCE ALONG THE SOUTHERN LINE OF LINWOOD SPENCER LOT IN A
WESTERLY DIRECTION 184 FEET TO AN IRON PIN IN THE KENNETH COOPER LINE;
THENCE RUNNING IN A SOUTHERLY DIRECTION ALONG SAID COOPER LINE 6.5 FEET TO AN IRON PIN;
THENCE RUNNING IN AN EASTERLY DIRECTION PARALLEL WITH THE FIRST COURSE HEREIN 184 FEET TO THE WESTERN RIGHT OF WAY LINE OF NORTH CAROLINA HIGHWAY NO. 94;
THENCE RUNNING ALONG AND WITH SAID RIGHT OF WAY LINE IN A NORTHERLY DIRECTION 65 FEET TO THE POINT AND PLACE OF BEGINNING AND BEING A PORTION OF THOSE LANDS DESCRIBED IN THAT DEED EXECUTED BY LINWOOD SPENCER AND OTHERS TO DAVID SPENCER AND WIFE BY DEED DATED JANUARY 9, 1959, OF RECORD IN BOOK 113, AT PAGE 340, IN THE OFFICE OF THE REGISTER OF DEEDS TYRRELL COUNTY.
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.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANK-RUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES
AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Sarah A. Waldron or Terrass Scott Misher, Esq
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
Attorneys for the Substitute Trustee
13010 Morris Rd., Suite 450
Alpharetta, GA 30004
Telephone: (470) 321-7112
7-29, 8-5c