Order and Notice of Sale: First Citizens Bank vs. Ernest C. Etheredge

ORDER AND NOTICE OF SALE

DEFICIENCY JUDGMENT WAIVED NOT ELIGIBLE FOR LOAN MODIFICATION UNDER THE HOME AFFORDABLE MODIFICATION PROGRAM STATE OF SOUTH CAROLINA FAIRFIELD COUNTY IN THE COURT OF COMMON PLEAS SIXTH JUDICIAL CIRCUIT 2017-CP-20-00265 FIRST-CITIZENS BANK & TRUST COMPANY, AS SUCCESSOR IN INTEREST BY MERGER TO FIRST CITIZENS BANK AND TRUST COMPANY, INC., Plaintiff, vs. ERNEST C. ETHEREDGE A/K/A REV. ERNEST ETHEREDGE; GWENDOLYN H. ETHEREDGE A/K/A GWENDOLYN ETHEREDGE; ASSET ACQUISITION GROUP LLC, 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 First Citizens Bank and Trust Company, Inc. v. Ernest C. Etheredge a/k/a Rev. Ernest Etheredge; Gwendolyn H. Etheredge a/k/a Gwendolyn Etheredge; Asset Acquisition Group LLC, case number 2017-CP-20-00265, I, the undersigned Carol A. Tolen, Special Referee for Fairfield County, will hold a sale on May 7, 2018 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, together with the improvements thereon, situate, lying and being located in the County of Fairfield, State of South Carolina, the same being shown and delineated as Parcel “A”, containing 0.40 acres, more or less, on a plat prepared for J.W. Branham, by Jack H. Locklair, SCPLS, dated February 2, 2001, and recorded in the Office of the Clerk of Court for Fairfield County in Book QT at page 308, and having such shapes, courses, distances, metes and bounds as shown upon said latter plat, all measurements being a little more or less, reference being craved thereto as often necessary for a more complete and accurate description. AND, ALSO, all that certain piece, parcel, or lot of land, together with the improvements thereon, situate, lying, and being located in the County of Fairfield, State of South Carolina, the same being shown and delineated as Parcel “B”, containing 9.32 acres, more or less, on a plat prepared for J.W. Branham, by Jack H. Locklair, SCPLS, dated February 2, 2001, and recorded in the Office of the Clerk of Court for Fairfield County in Book QT at page 308, and having such shapes, courses, distances, metes and bounds as shown upon said latter plat, all measurements being a little more or less, reference being craved thereto as often as necessary for a more complete and accurate description. AND, ALSO, all that certain piece, parcel, or lot of land, together with the improvements thereon, situate, lying, and being located in the County of Fairfield, State of South Carolina, the same being shown and delineated as Parcel “A”, containing 4.51 acres, more or less, and Parcel “B”, containing 1.50 acres, more or less, on a plat prepared for J.W. Branham, by Jack H. Locklair, SCPLS, dated May 22, 1998, and recorded in the Office of the Clerk of Court for Fairfield County in Book QF at page 191, and having such shapes, courses, distances, metes and bounds as shown upon said latter plat, all measurements being a little more or less, reference being craved thereto as often necessary for a more complete and accurate description. AND, ALSO, the nonexclusive right to equal and joint use for fishing and recreational purposes by the Grantor and Grantees for the entire 24.2 acre lake adjacent to the property described above. The rights hereby granted and reserved shall insure to the benefit of the parties hereto and their heirs and assigns forever. These rights were created in the agreement between John J. Hood and Asenath M. Averyt, recorded on July 18, 1970, in the Office of the Clerk of Court for Fairfield County in Deed Book DW at page 144. Thereafter, John J. Hood III, Gregory G. Hood, and Gloria G. Hood were devised the residue of the Estate of John J. Hood, Jr. Will of John J. Hood, Jr. probated in Fairfield County Probate File #2000-ES-20-52. Grantees hereby agree to abide by the terms of the agreement, accept the responsibility thereunder, and to meet the costs and expenses prorate to the shoreline owner by them by virtue of this conveyance. Derivation: Being the property conveyed to Ernest C. Etheredge and Gwendolyn H. Etheredge by deed of Joseph Wayne Branham, dated September 3, 2003, and recorded on September 5, 2003, in the Office of the Clerk of Court for Fairfield County in Record Book 604 at page 10. Less and except, however, that 5.399 acre parcel of the same property described in the Partial Release of Mortgage executed by First Citizens Bank and Trust Company, Inc., dated September 4, 2006, and recorded on October 26, 2006, in the Office of the Clerk of Court for Fairfield County in Record Book 808 at page 189. 10.331 acres, 3342 East Peach Road, Ridgeway, SC 29130 TMS No. 201-00-01-002-000 (portion) 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 7.000% 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. THIS SALE IS ALSO MADE SUBJECT TO ALL FAIRFIELD COUNTY TAXES AND EXISTING EASEMENTS, RESTRICTIONS, AND SENIOR LIENS AND/OR OTHER ENCUMBRANCES OF RECORD. s/Carol A. Tolen Carol A. Tolen, Special Referee Fairfield County Winnsboro, South Carolina April 12, 2018 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 15799164

04/19/18, 04/26/18, 05/03/18