Wednesday, February 12, 2020
IN THE GENERAL COURT OF JUSTICE SUPERIOR
COURT DIVISIONBEFORE THE CLERK 19 SP 115
NOTICE OF FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JAMES A. WHITENER AND LISA WHITENER, DATED MAY 22, 2000, RECORDED IN BOOK 902, PAGE 213, CHEROKEE COUNTY REGISTRY
Pursuant to an order entered January 30, 2020, in the Superior Court for Cherokee County, and the power of sale contained in the captioned deed of trust ("Deed of Trust"), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN MURPHY, CHEROKEE COUNTY, NORTH CAROLINA ON FEBRUARY 25, 2020,
AT 11:00 A.M.
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Cherokee County, North Carolina, commonly known as 3146 Caney Creek Road, Murphy, NC and being more particularly described as follows:
All that parcel of land in Township of Murphy, Cherokee County, State of North Carolina, as more fully described in Deed Book 812, Page 151, ID#440046091067, being known and designated as metes and bounds property.
By fee simple deed from Wilma Whitener and James R. Whitener as set forth in Book 812, Page 151 dated 11/21/1997 and recorded 12/1/1997, Cherokee County records, State of North Carolina.
In the Trustee's sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owner of the real property not more than ten days prior to the date hereof is Lisa Whitener.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerk's Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:
a.An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b.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 ten (10) days, but no more than ninety (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.
This 25th day of January, 2020.
MARK A. PINKSTON,
Mark A. Pinkston Esq.
PO Box 7376
Asheville, NC 28801