Order and Notice of Sale Deficiency 2017-CP-20-00075

ORDER AND NOTICE OF SALE DEFICIENCY JUDGMENT REQUESTED AS TO DEFENDANT DAVID VARNADORE NOT ELIGIBLE FOR LOAN MODIFICATION UNDER THE HOME AFFORDABLE MODIFICATION PROGRAMSTATE OF SOUTH CAROLINA FAIRFIELD COUNTY IN THE COURT OF COMMON PLEAS SIXTH JUDICIAL CIRCUIT 2017-CP-20-00075 FIRST-CITIZENS BANK & TRUST COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO COMMUNITY RESOURCE BANK, NATIONAL ASSOCIATION, Plaintiff, vs. DAVID VARNADORE, Defendant(s). BY VIRTUE of a decree heretofore granted in the case of First-Citizens Bank & Trust Company, as successor in interest by merger to Community Resource Bank, National Association v. David Varnadore, case number 2017-CP-20-00075, I, the undersigned Carol A. Tolen, Special Referee for Fairfield County, will hold a sale on September 5, 2017 at 11:00 AM at the Fairfield County Courthouse, 101 South Congress Street, Winnsboro, SC 29180, and sell the following described property to the highest bidder: All that certain piece, parcel or lot of land, with the improvements thereon, situate in or near the Town of Winnsboro, County of Fairfield, State of South Carolina, shown on Property Map of the Housing Layout of the United States Rubber Company of Greensboro, North Carolina, dated July, 1946, and designated thereon as Lot No. 203 in Block 200, said plat being recorded in the Office of the Clerk of Court for Fairfield County in Plat Book 4 at pages 65-67. Subject to all existing easements and to easements for water mains and pipes, drain pipes, electric meters, electric transformers and telephone lines and gas mains to and from other property now or formerly owned by United States Rubber Company which now cross said premises and for any transformer pit now on said premises, and to the right of the United States Rubber Company, its successors and assigns to full and free access to said mains, pipes, lines and pits. Subject further to the covenants, restrictions and easements set forth in the deed of conveyance from F.H. Sheely, el al., to Alfred E. Hudson dated the 12th day of September, 1950, and recorded in the Office of the Clerk of Court for Fairfield County in Deed Book “CG” at page 196. This being the same property conveyed to David Varnadore by deed of Gloria Jean Varnadore recorded in the Office of the Clerk of Court for Fairfield County on July 19, 2007 in Record Book 857 at page 248. 275 Holly Street, Winnsboro, SC 29180 TMS#: 145-01-07-001-000 TERMS OF SALE: The successful bidder, other than Plaintiff, will deposit with the Fairfield County Special Referee at the conclusion of the bidding five percent (5%) of its bid, in cash or equivalent, as evidence of good faith, same to be applied to the purchase price in case of compliance, but to be forfeited and applied first to costs and then to Plaintiff’s debt in the case of noncompliance. Should the last and highest bidder fail or refuse to make the required deposit at time of bid or comply with the other terms of the bid within thirty (30) days, then the Special Referee may resell the property on the same terms and conditions at the risk of the said highest bidder. Purchaser to pay for documentary stamps on the conveying deed. The successful bidder will be required to pay interest on the amount of the bid from the date of sale to the date of compliance with the bid at the rate of 4.125% per annum. Should Plaintiff or one of its representatives fail to be present at the time of sale, the property shall be automatically withdrawn from said sale. As a deficiency judgment is being demanded, the bidding will remain open thirty (30) days after the date of sale. THIS SALE IS ALSO MADE SUBJECT TO ALL FAIRFIELD COUNTY TAXES AND EXISTING EASEMENTS, RESTRICTIONS, AND SENIOR LIENS AND/OR OTHER ENCUMBRANCES OF RECORD. Carol A. Tolen, Special Referee Fairfield County Winnsboro, South Carolina ATTORNEYS FOR PLAINTIFF: Samuel D. Fleder Jeriel a. Thomas Smith Debnam Narron Drake Saintsing & Myers, LLP P.O. Box 26268 Raleigh, NC 27611 Attorneys for Plaintiff JAT 15799142