19 SP 14
AMENDED NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Thurman C. Luther, Jr. and Cynthia H. Luther, husband and wife to Dennis F. Hardiman, Trustee(s), which was dated November 27, 2015 and recorded on December 2, 2015 in Book 01525 at Page 0554, Cherokee County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on April 8, 2020 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Cherokee County, North Carolina, to wit:
All that certain lot or parcel of land situated in the Valleytown Township, Cherokee County, North Carolina and more particularly described as follows:
A lot, designated as the 2.67 acre lot of the Walter L. Tatharn Subdivision, as shown on a plat of survey by John C. Standingdeer, Sr., R.L.S., dated September 9, 1986, and recorded in Plat Cabinet B, Slide 197C, Cherokee County Registry, reference to which is hereby made for further and more complete description.
Together with a perpetual, non-exclusive right of way and easement, 20 feet wide for purposes of ingress, egress and regress, over and along the driveway, extending from the northernmost corner of the herein described lot across the Northwest portion of Lot 2 in a general Northeast direction to intersection with N.C. Secondary Rd. #1507.
Title to the above described property conveyed to Thurman C. Luther, Jr. and Cynthia H. Luther, Husband and Wife from John Ladouceur and Jacqueline B. Ladouceur by General Warranty Deed dated and recorded February 18, 1994 in Book 700, Page 99 or Instrument No. N/A.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 68 PHILLIPS CREEK RD, ANDREWS, NC 28901.
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at, or relating to the property being offered for sale. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Thurman C. Luther, Jr. and wife, Cynthia H. Luther.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 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. 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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS 45-21.16A(b)(2)]. 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.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Trustee Services of
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 18-24066-FC01