IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MADISON COUNTY
24sp000014-560
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TERESA R. BURNETTE AND TIMOTHY K. BURNETTE DATED AUGUST 2, 2018 AND RECORDED IN BOOK 654 AT PAGE 529 AND MODIFIED BY AGREEMENT RECORDED SEPTEMBER 1, 2020 IN BOOK 698, PAGE 201 IN THE MADISON COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in payment of the secured debt and failure to perform the agreements contained therein and, pursuant to demand of the holder of the secured debt, the undersigned will expose for sale at public auction at the usual place of sale at the Madison County courthouse at 11:00AM on September 25, 2025, the following described real estate and any improvements situated thereon, in Madison County, North Carolina, and being more particularly described in that certain Deed of Trust executed Teresa R. Burnette and Timothy K. Burnette, dated August 2, 2018 to secure the original principal amount of $112,637.00, and recorded in Book 654 at Page 529 of the Madison County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.
Address of property: 101 Ivy Overlook Dr, Marshall, NC 28753
Tax Parcel ID: 659422
Present Record Owners: Terri Burnette
The record owner(s) of the property, according to the records of the Register of Deeds, is/are Terri Burnette.
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 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 offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required from the highest bidder and must be tendered in the form of certified funds at the time of the sale. Cash will not be accepted. This sale will be held open ten days for upset bids as required by law. After the expiration of the upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS residing at the property: be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is July 25, 2025.
Jason K. Purser
N.C. State Bar No. #28031
Aaron Gavin
N.C. State Bar No. #59503
Attorney for LLG Trustee, LLC, Substitute Trustee
LOGS Legal Group LLP
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107 | (704) 333-8156 Fax | www.LOGS.com
22-115032
September 10 & 17, 2025
11526140