Wednesday, November 18, 2020
STATE OF NORTH
COUNTY OF CHEROKEE
File No: 20 SP 26
NOTICE OF SALE
TAKE NOTICE THAT: William Richard Boyd, Jr., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:
The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by L C Leverett, as an unmarried man, original mortgagor, for the benefit of Macon Bank, Inc., now known as Entegra Bank, a Division of First Citizens Bank (“Noteholder”), and recorded in the Office of the Cherokee County Register of Deeds in Book 1258, at Page 766 (the “Deed of Trust”). The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is: Belinda Duffey Peral
The property will be sold by the Substitute Trustee at 1:30 p.m. on the 30th day of November, 2020 at the Cherokee County Courthouse door in the City of Murphy, North Carolina.
The real property to be sold is generally described as 81 Timpson Road, Murphy, NC 28906* and is more particularly described as follows (the “Property”):
Being all of that property described in that certain Deed of Trust recorded in Book 1258, at Page 766 of the Cherokee County, North Carolina Registry. Any Property described in the Deed of Trust which is not being offered for sale is described as follows: Subject to any and all Release Deeds of Record in the Cherokee County, North Carolina Registry.
*The general description of the Property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.
Any buildings located on the above-described Property are also included in the sale.
The Property will be sold by the Substitute Trustee to the highest bidder for CASH. The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).
The Property is being sold “AS IS, WHERE IS.” Neither the Substitute Trustee, Noteholder, nor the officers, directors, attorneys, employees, or authorized agents or representatives of either Substitute Trustee or Noteholder make any warranty relating to title, possession, quiet enjoyment, or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property and any and all responsibilities or liabilities arising out of or in any way related to such conditions are expressly disclaimed. The Noteholder has reserved the right to withdraw the sale up to and until the deed is delivered by the Substitute Trustee.
The Property will be sold subject to all unpaid taxes and special assessments.
The Property being sold is all of that Property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the Property subordinate to the Deed of Trust.
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.
Additional Notice Where the Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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. 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.
Pursuant to North Carolina General Statues Section 45-21.8, the sale of the Property may be made by whole or by tract in the discretion of the Substitute Trustee. Further, the Substitute Trustee may offer for sale any and all personal property as permitted by the Deed of Trust in accordance with North Carolina General Statutes Sections 25-9-604, 25-9-610, and 25-9-611, in whole, as individual items, or together with the Property as the Substitute Trustee determines is appropriate in the Substitute Trustee's sole discretion. This notice is intended to comply with the requirements of North Carolina General Statutes Sections 25-9-607 and 25-9-613 providing for the disposition of personal property in connection with a foreclosure of real property. Mortgagor is entitled to and may request an accounting of the unpaid indebtedness secured by the Deed of Trust.
Any successful bidder shall be required to tender the remaining balance of the successful bid amount in cash or certified funds at the time the Substitute Trustee tenders to such bidder, or attempts to deliver to such bidder, a deed for the Property. Should such successful bidder fail to pay the full balance of the successful bid at that time, that bidder shall remain liable on the bid as provided by North Carolina General Statutes Section 45-21.30.
The Property is being sold subject to all prior and superior: (i) deeds of trust, (ii) liens, (iii) unpaid taxes, (iv) restrictions, (v) easements, (vi) assessments, (vii) leases, and (viii) other matters, if any, which, as a matter of law, survive the foreclosure of the Deed of Trust, provided that the inclusion of this clause in this Notice of Substitute Trustee's Sale of Real Estate shall not be deemed to validate or otherwise effect to any such matter or other right which, as a matter of law, does not survive the foreclosure of the Deed of Trust.
Any person who occupies the Property pursuant to a bona fide lease or tenancy may have additional rights pursuant to the Protecting Tenants at Foreclosure Act.
THIS the 28th day of October, 2020.
William Richard Boyd, Jr.
474 Mountain Cove Road
Waynesville, NC 28786
Dates: November 18, 2020 and November 25,
20204853-0186-3119, v. 1