Firm No: 4134-15651 SALES NOTICE 21 SP 55 Pursuant to and by virtue of the sales authorization contained in a specific trust deed by Mark A. Lowery (current owner (s): Mark A. Lowery, heir) of Mark A. Lowery: Henry Lowery, Rebecca Wiseman, Randy Lowery; Heirs of Randy Lowery: Diane Tipton Lowery, Brandon Lowery, Christopher Lowery) to Melanie Spainhour, Trustee, January 17, 2003 and in Book No. 715, on page 164 in the McDowell County Registry, North Carolina, with the payment of the aforesaid Trust Deed Secured Promissory Note in Default and the undersigned, Substitute Trustee Services, Inc. who has been replaced as Trustee in said Deed by a Deed duly registered in the Office of the Register of Deeds McDowell County, North Carolina, and the holder of the debenture holding the Has arranged foreclosure of the trust deed, the undersigned substitute trustee will put up for sale at the court sale door in Marion, McDowell County, North Carolina, or the usual place designated for foreclosures, on July 26, 2021 at 11:30 a.m. and will be the sell the following property in Marion, McDowell County to the highest bidder for cash, Nor th Carolina, and is described in more detail as follows: Parcel ID: 170700864273 BEGINS at an iron stake on the western edge of Peppers Creek on the Wallace W. Ornberg Line and runs north one degree to center of Peppers Creek, 30 minutes west, 165 feet; from there north 88 degrees. 300 feet west; from there South One Deg. 30 minutes east, 165 feet to the southwest corner of Peppers Creek; thence north 87 degrees, east 300 feet to an iron stake (west side of Peppers Creek Road) to the starting point. Along with improvements on it; said property is located at 869 Peppers Creek Road, Marion, North Carolina. The trustee may, at the sole discretion of the trustee, postpone the sale for up to an hour as provided in NCGS §45-21.23. If the property is purchased from a third party, the third party must pay the excise tax and court fees of forty-five cents ($ 0.45) per hundred dollars ($ 100.00) under NCGS Section 7A-308 (a) (1). The property to be offered in accordance with this sales announcement is offered for sale, transfer and transfer “AS IS, WHERE IS”. Neither the trustee, nor the holder of the deed / security arrangement, or both of the foreclosure, nor the officers, directors, attorneys, employees, agents or authorized representatives of the trustee or the holder of the note make any representations or warranties Reference to the title or any physical, environmental, health or safety conditions in, on, on or in relation to the property being offered for sale, as well as any responsibilities or liabilities arising out of or in any way relating to such Conditions are expressly rejected. Additionally, this property is being sold subject to all taxes, special assessments and prior liens or prior encumbrances on the records and any recorded releases. This property is also being sold in accordance with applicable federal and state laws. A deposit of five percent (5%) of the purchase price or seven hundred and fifty dollars ($ 750.00), whichever is greater, is required and must be submitted in certified funds at the time of sale. If for any reason the trustee is unable to transfer ownership of that property, the buyer’s only remedy is to return the security deposit. Reasons for such an inability to transmit include filing for bankruptcy prior to confirming the sale and resuming the loan without the knowledge of the trustee. If the validity of the sale is challenged by either party, the Trustee may, in its sole discretion, if the Trustee deems the challenge legitimate, request the court to annul the sale and return the security deposit. The buyer is no longer entitled to any legal remedy. Additional notice for residential properties with fewer than 15 rental units, including single-family residential properties.A disposition of ownership of the property can be issued in favor of the buyer and against the owner (s) in accordance with NCGS § 45-21.29 by the court clerk of the higher court of the district in which the property is being sold becomes. Any person who lives in the property on the basis of a rental agreement concluded or extended on or after October 1, 2007, can terminate the rental agreement by written notice to the landlord after receiving the notice of foreclosure with effect from a date specified in the notice of termination, which is at least 10 days, but not more than 90 days after the sale date included in this notice, unless the mortgage debtor has cured the default at the time the lessee gives notice. Upon termination of a rental agreement, the tenant is liable for the rent due from the rental agreement on a pro rata basis until the termination takes effect. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c / o Hutchens Law Firm PO Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone: (910) 864-3068 https://sales.hutchenslawfirm.com Law Firm Case Number: 4134-15651 Published: 07/16. and 23.07.2021.