STATE OF NORTH CAROLINA COUNTY OF CABARRUS IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 21 SP 101 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST from RAY J HOUGH and KAY D HOUGH, to PBRE, INC, Trustee, dated JANUARY 21, 2015 and recorded JANUARY 22, 2015 in BOOK 11262, PAGE 123, CABARRUS COUNTY REGISTRY; and A DEED OF TRUST from RAY J. HOUGH (DECEASED) and KAY D. HOUGH, to PBRE, INC., Trustee, dated APRIL 17, 2017 and recorded APRIL 18, 2017 in BOOK 12447, PAGE 274, CABARRUS COUNTY REGISTRY AMENDED NOTICE OF FORECLOSURE SALE Pursuant to an order entered August 5, 2021, in the Superior Court for Cabarrus County, and the power of sale contained in the captioned Deed of Trust (the “Deed of Trust”), the undersigned Trustee will offer for sale at auction (the “Sale”), to the highest bidder for cash, ON OCTOBER 13, 2021 AT 12:00 O’CLOCK PM. CABARRUS COUNTY COURTHOUSE, 77 UNION STREET SOUTH, CONCORD, NORTH CAROLINA the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the Deed of Trust prior to the date of said sale, lying and being in Cabarrus County, North Carolina, and being more particularly described as follows (the “Property”): BEGINNING at a p.k. nail set in the centerline of Bethel Avenue Extension and in the northerly line of the I. B. Howell, Jr. (now or formerly) property as described by deeds recorded in Book 166, at Pages 215 and 216, Cabarrus County Public Registry, and running thence from said BEGINNING with the centerline of Bethel Avenue Extension in two (2) calls as follows: (1) with the arc of a circular curve to the left having a radius of 741.24 feet, an arc distance of 336.11 feet (chord: N. 17-38-41 W. 333.24 feet) to a point; and (2) N. 29-31-54 W. 299.24 feet to a point, a new corner; thence a new line, N. 28-52-10 E. 1,395.62 feet (crossing iron pins set at 31.16 feet and 1,343.74 feet) to a point in the center of Muddy Creek and in the southerly line of the Carolyn P. Howell (now or formerly) property as described by deed recorded in Book 364, at Page 70, Cabarrus County Public Registry; thence with the center of Muddy Creek in fifteen (15) calls as follows: (1) S. 51-07-33 E. 121.45 feet to a point; (2) S. 37-00-41 E. 56.92 feet to a point; (3) S. 18-06-37 E. 34.66 feet to a point; (4) S. 72-02-14 E. 23.05 feet to a point; (5) N. 68-46-13 E. 25.57 feet to a point; (6) S. 55-58-00 E. 49.41 feet to a point; (7) S. 72-59-55 E. 62.04 feet to a point; (8) S. 16-40-10 E. 44.75 feet to a point; (9) S. 32-33-37 W. 102.12 feet to a point; (10) S. 44-48-40 E. 77.37 feet to a point; (11) S. 54-17-26 E. 49.14 feet to a point; (12) S. 54-38-35 E. 69.91 feet to a point; (13) S. 59-02-29 E. 40.75 feet to a point; (14) S. 73-05-05 E. 33.52 feet to a point; and (15) N. 77-32-34 E. 41.16 feet to an “x” on a rock in the creek in the common division corner between the Carolyn P. Howell (now or formerly) properties as described by deeds recorded in Book 364, at Page 70, and Book 367, at Page 585, Cabarrus County Public Registry; thence with the westerly line of the Carolyn P. Howell property (Book 367, Page 585), S. 23-48-40 W. 1,518.34 feet (crossing an iron pin found at 30.36 feet) to an iron pin found in the northerly line of the I. B. Howell, Jr. property as hereinbefore described; thence with the northerly line of the I. B. Howell, Jr. property, N. 78-50-09 W. 320.56 feet to the point and place of BEGINNING, the same containing 25.472 acres as shown on survey by Gregory S. Flowe, NCPLS, dated August 25, 2008, reference to said survey being hereby made for a more particular description. BEING in all respects the same property conveyed to Ray J. Hough and wife, Kay D. Hough by deed recorded in Book 8516, at Page 176, Cabarrus County Public Registry. Ray Jackson Hough died a resident of Mecklenburg County on May 1, 2016. The record owner of the Property not more than ten (10) days prior to the date hereof is Kay D. Hough. In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes. A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed. This sale will be made subject to all prior liens of record, if any, and to all unpaid (ad valorem) taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run. The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following: (a) An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and (b) 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 sale, terminate the rental agreement upon 10 days’ written notice to the landlord. 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 the 16th day of September, 2021. Mark D. Gott, Substitute Trustee North Carolina State Bar No.: 21695 Henderson, Nystrom, Fletcher, Tydings, Williams-Tracy & Gott, P.L.L.C. 831 East Morehead Street, Suite 255 Charlotte, North Carolina 28202 Telephone: (704) 334-3400 mgott@hnftlaw.com Publish: October 1, 8, 2021.



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