Wednesday, October 23, 2019
NOTICE OF FORECLOSURE SALE
19 SP 47
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alvin Timothy Wright and Sonya P. Wright to Richard H. Stancil, Atty at Law, Trustee(s), dated the 24th day of January, 2003, and recorded in Book 1021, Page 178, in Cherokee County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Cherokee County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Murphy, Cherokee County, North Carolina, or the customary location designated for foreclosure sales, at 11:45 AM on November 7, 2019 and will sell to the highest bidder for cash the following real estate situated in the Township of Valleytown, in the County of Cherokee, North Carolina, and being more particularly described as follows:
BEING that certain tract or parcel of land lying in Valleytown Township, Cherokee County, North Carolina, and being more particularly described on that plat of survey drawn by L.B. Adams, R.L.S. 1-2708, dated April 1994, and being more particularly described as follows:
BEGINNING on an iron rod found in the Southwest corner of the herein described property at a corner common to Williamson, Deed Book 471, at Page 149, and Sullivan, Deed Book 438 at Page 34 and runs with the line of Sullivan, North 03-39 East 375.42 feet to a point in the centerline of an unimproved road; thence with the centerline of said road the following courses and distances; North 40-02- East 35.12 feet, North 70-29 East 69.21 feet, North 58-50 East 91.81 feet, North 30-11 East 22.37 feet. North 09-11 West 42.85 feet, North 54-01 East 32.75 feet to a point in the centerline of a thirty (30) foot road right of way for access to North Carolina. Secondary Road No. 1501, North 54-01 East 36.21 feet an North 75-53 East 26.54 feet to a corner common to Charles Haney, Deed Book 440 at Page 30; thence with the line of Haney the following courses and distances: South 04-32 East 8.00 feet to an iron pipe found, said iron pipe found lying near the South margin of said unimproved road, South 04-32 East 381.84 feet to a plastake found, South 11-33 West 56.16 feet to an iron rod found and South 22-16 East 123.39 feet to an iron pipe found at Maple; thence with the line of Williamson, Deed Book 471 at Page149, South 86.10 West 343.27 feet to the BEGINNING, containing 3.05 acres, more or less. Together with improvements located thereon; said property being located at 1522 Red Marble Road, Andrews, North Carolina.
THE GRANTORS HEREIN do hereby give and grant unto the Grantees herein, their heirs, successors and assigns, a non-exclusive perpetual right of way and easement for purposes of ingress, egress and regress and for utilities over the existing access road to the herein above described property and being more particularly described as a thirty (30) foot right of way, having fifteen (15) feet on either side of the centerline, the centerline of which is located on the North property line of the herein described property, said centerline point lying South 20-10 East 256.51 feet from a point in the center of North Carolina Secondary Road No. 1501 to the North property line.
THE GRANTORS HEREIN do hereby reserve until themselves, their heirs, successors and assigns a non-exclusive perpetual right of way and easement for purposes of ingress, egress and regress and for utilities over the existing access road to the herein above described property and being more particularly described as a thirty (30) foot right of way, having fifteen (15) feet on either side of the centerline, the centerline of which is located on the North property line of the herein described property, said centerline of which is located on the North property line of the herein described property, said centerline point lying South 20-10 East 256.51 feet from a point in the center of North Carolina Secondary Road No. 1501 to the North property line.
SUBJECT to all matters as shown on the above referenced plat.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS." Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
c/o Hutchens Law Firm LLP
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
Case No: 1274699 (FC.FAY)