Wednesday, July 29, 2020
IN THE MATTER OF THE FORECLOSURE
OF THE DEED OF TRUST EXECUTED BY ROSA MARIE SANCHEZ, a single person, and RUBEN S. AGUILAR, a single person,
Recorded in Book 1143, Page 845 and recorded again in Book 1147, Page 220,
Cherokee County Registry
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 20-SP-36
DEED OF TRUST BEING FORECLOSED:
The Deed of Trust being foreclosed is that Deed of Trust executed by ROSA MARIE SANCHEZ, a single person, and RUBEN S. AGUILAR, a single person to Joe Belcher, Trustee, dated February 25, 2005 and recorded in Book 1143, Page 845 and recorded again in Book 1147, Page 220 in the Cherokee County Registry of North Carolina.
RECORD OWNERS OF THE REAL PROPERTY:
The record owners of the subject real property as reflected on the records of the Cherokee County Register of Deeds not more than 10 days prior to the posting of this Notice are Maria Rosa Sanchez and Ruben S. Aguilar.
DATE, TIME AND PLACE OF SALE:
The sale will be held on August 12, 2020 at 11:00 a.m. at the door of the Cherokee County Courthouse, Murphy, North Carolina.
PROPERTY TO BE SOLD:
The following real property to be sold "sight unseen" together with any improvements is located in Cherokee County, North Carolina and is believed to have the address of 77 Towhee Lane, Murphy, NC 28906 and is otherwise more particularly described as follows:
Because the legal description is too voluminous or is otherwise an exhibit hereto that will not be published in the newspaper, reference is made to the subject legal description recorded as part of the subject Deed of Trust as described in the case caption of this proceeding and incorporated herein by said reference.
Included is a 2004 Clayton manufactured home bearing serial no. CLH029737TNAB.
TERMS OF SALE:
Pursuant to the provisions of N.C.G.S. 45-21.10(b) and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee or Clerk of Superior Court immediately upon the conclusion of the sale a cash deposit to be determined by the greater of 5% of the bid or $750.00. Unless the Substitute Trustee agrees otherwise, the successful bidder will be required to tender the "full purchase price" so bid in cash or certified check at the time the Trustee tenders to him a Deed to the property or attempts to tender such Deed, and should the successful bidder fail to pay the full amount, then the successful bidder shall remain liable as provided for in N.C.G.S. 45-21.30. By submitting your bid, you agree that the "full purchase price" shall be defined as the amount of bid plus the Trustee's commission as defined in the subject Deed of Trust plus the costs of the action, unless the Trustee agrees otherwise. For example, if the amount of bid is $20,000.00 and the trustee's commission is defined in the subject Deed of Trust as 5% of the gross proceeds of the sale, then the "full purchase price" shall equal $21,000.00 plus the costs of the action. A tender of Deed shall be defined as a letter from the Trustee to the successful bidder offering to record the Deed upon receipt of full purchase price as described herein and listed in said letter. If the trustee is unable to convey title to this property for any reason such as a bankruptcy filing, the sole remedy of the successful bidder is the return of the deposit. As to any manufactured home, the following shall apply: Any not considered real property is being foreclosed pursuant to N.C.G.S. 25-9-604, if necessary; there is no warranty that any is actually located on the subject tract; and there is no warranty given by the Substitute Trustee as to whether said home is real property or personal property. The sale will be made subject to all prior liens, unpaid taxes, assessments, restrictions and easements of record, if any.
Take notice that 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. Take further notice that 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 dates 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. This notice further states that 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.
This the 25th day of June, 2020.
THE GREEN LAW
Jay B. Green
Attorneys for Deidre D.
908 E. Edenton Street
Raleigh, North Carolina