Foreclosure Auction: 729 N Main St., Salisbury, NC

STATE OF NORTH CAROLINA

COUNTY OF ROWAN

NOTICE OF SALE

UNDER AND BY VIRTUE of the power of sale contained in that certain Deed of Trust

executed by Helen Paulette Simms dated November 24, 2020, and recorded in Book 1361 at Page

842 in the Office of the Register of Deeds of Rowan County, North Carolina; and under and by

virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument

recorded in Book 1451 at Page 829 in the office of the Register of Deeds of Rowan County, North

Carolina; and under and by virtue of that certain Authorization, Findings and Order entered by the

Clerk of Superior Court of Rowan County on March 20, 2025, and of record in File 25 SP 73,

default having been made in the payment of the indebtedness secured by said Deed of Trust and

the said Deed of Trust being by its terms subject to foreclosure, and the holder of the indebtedness

thereby secured having demanded the foreclosure thereof for the purpose of satisfying said

indebtedness, and due notice having been given to those entitled to same, the undersigned

Substitute Trustee will offer for sale at public auction, to the highest bidder, for cash, at the

Courthouse door in Salisbury, North Carolina, at 12:00 Noon, on April 24, 2025, the land

conveyed in said Deed of Trust, the same being owned of record by Helen Paulette Simms, and

being more particularly described as follows:

Lying and being In the City of Salisbury, Rowan County, North Carolina and

being more particularly described as follows:

BEGINNING at a stake on the South corner at the intersection of North Main

Street and Henderson Street and runs South 44 deg. East with Henderson

Street 148 feet to a stake in the Northwestern margin of a ten foot alley; thence

in a Southwesterly direction with said allay 50 feet to a stake, Busby's corner;

thence in a Northwesterly direction with Busby's line and parallel with

Henderson Street, 148 ó feet to a stake In the edge of North Main Street;

thence along said North Main Street in a Northeasterly direction 51 ó feet to

the BEGINNING, being Lot #4 as shown on the Kluttz and Crawford Map of

the property purchased from Dr. H.T. Trantham, together with the right of

ingress, egress and regress over and upon the alley mentioned herein.

Property Address: 729 North Main Street, Salisbury, NC 28144

Parcel No.: 0ll 197

Together with all the buildings, fixtures and improvements thereon, and all rights,

easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing,

ventilating, lighting goods, equipment and other tangible and intangible property, attached to or

reasonably necessary to the use of such premises.

The aforesaid sale will be made subject to all encumbrances existing prior to the recording

of the above-referenced Deed of Trust, including all valid and enforceable liens and also will be

subject to all taxes and special assessments outstanding against the property.

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 representatives 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

expressly are disclaimed.

Should the property be purchased by a party other than the holder of the Deed of Trust

being foreclosed, that purchaser must pay, in addition to the amount bid, the following items: (i)

the tax required by N.C. Gen. Stat. Section 7A-308(a)(l) of Forty-five Cents (45¢) per One

Hundred Dollars ($100) of the bid amount up to a maximum tax of Five Hundred Dollars ($500),

and (ii) the excise tax on conveyance required by N.C. Gen. Stat. Section 105-228.28 et seq. of

One Dollar ($1) per Five Hundred Dollars ($500) or fractional part thereof of the bid amount.

The successful bidder at the sale may be required to make an immediate cash deposit of

the greater of five percent (5%) of the amount bid or Seven Hundred Fifty and no/I 00 Dollars

($750.00).

The upset bids procedure ofNorth Carolina General Statute Section 45-21.27 is applicable

to this sale.

The following applies if the property being sold is residential real property with less than

15 rental units, including single-family residential real property: (I) Pursuant to NCGS Section

45-21.29, the clerk of superior court of the county in which the property is sold may issue an order

of possession of the property in favor of the purchaser and against the party or parties in possession.

(2) Any person who occupies residential real property pursuant to a rental agreement entered into

or renewed on or after October I, 2007, may, after receiving this notice of sale, terminate the rental

agreement by providing written notice of termination to the landlord, to be effective on a date

stated in the notice [of termination] that is at least IO days, but no more than 90 days after the sale

date contained in the notice of sale, provided that the mortgagor has not cured the default at the

time the tenant provides the notice of termination. The tenant is liable for rent due under the rental

agreement prorated to the effective date of the termination.

Date of Notice: March 20, 2025.

Lucinda L. Fraley

Substitute Trustee

225 North Main Street, Suite 500

Salisbury, NC 28144

(704) 636-8050