NOTICE OF FORECLOSURE SALE
18 SP 21
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Brian Kenneth Koch to RELTCO, Inc., Trustee(s), dated the 29th day of February, 2016, and recorded in Book 1531, Page 62, 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 July 19, 2018 and will sell to the highest bidder for cash the following real estate situated in the County of Cherokee, North Carolina, and being more particularly described as follows:
The following particularly described real estate, located in Cherokee County, North Carolina to-wit:
All that certain tract or parcel of land, designated as Lot 6 of Sunset Mountain Subdivision, as shown on the plat of survey by Palmer's Surveying, Inc., as certified by Felix. E. Palmer, R.L.S., dated July 21, 1989, and recorded in Plat Cabinet B, Slide 67D, Cherokee County, Registry, reference to which is hereby made for further and more complete description, containing 1.28 acres, more or less. Together with improvements located thereon; said property being located at 196 Pine Lane, Murphy, North Carolina.
Together with a perpetual, non-exclusive right-of-way and easement, 30 feet wide, over and along the subdivision access roads, as said roads run along the boundary lines of herein above-described lot and extend through the Sunset Mountain Subdivision; and another easement extending from the northernmost corner of Lot 1 in a generally northwest direction to US Highway 64, for the purposes of ingress, egress, regress, and utility lines, located as shown on the recorded subdivision survey plats; reference to which is hereby made for greater certainty of location and descriptions.
Subject, However, to perpetual, non-exclusive right-of-ways and easements for purposes of ingress, egress, regress, and utility lines as follows: 1) 30 feet wide, 15 feet on each side of the centerline, over and along the subdivision access road, the centerline of which forms the northwest boundary line of the herein above-described lot, and 2) 20 feet wide, 10 feet on each side of the centerline thereof, over and along the driveway, the centerline of which extends between Lots 6 and 7, as a common property line for the use of Lot 7, located as shown on the above referenced plat, reference to which is hereby made for greater certainty of this location and description.
Said easements shall be appurtenant to and shall run with the land and shall include the right to go upon said land and utilities as may be necessary from time to time.
Together with a perpetual, non-exclusive right-of-way and easement, 20 feet wide, for a common driveway, the centerline of which extends between Lots 7 and 6.
Parcel ID Number: 4570-08-87-1589.000
Known as: 196 Pine Lane Murphy North Carolina 28906-9752
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
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
Case No: 1234625 (FC.FAY)
NOTICE OF FORECLOSURE SALE
Opportunity to Object to the Prospect-Hamby Project
The Tusquitee Ranger District of the Nantahala National Forest has prepared an environmental assessment and a draft Decision Notice and Finding of No Significant Impact for the Prospect-Hamby Project. Management activities will be conducted on National Forest System lands on the north shores of Apalachia Lake and south shore of Hiwassee Lake between Prospect Church and Bearpaw Church, including areas near Hamby Bend. Consistent with direction set forth in the Land and Resource Management Plan for the Nantahala and Pisgah National Forests, the proposed project is designed to improve or maintain wildlife habitat, species diversity, soil and water resources, and forest health through vegetation management and other treatments. The proposed project is subject to the pre-decisional objection process pursuant to 36 CFR 218 Subparts A and B.
The Prospect-Hamby Project Environmental Assessment is available online by following the "Land and Resources Management" and "Projects" links at:
The EA and supporting documentation is also available for review at the Tusquitee Ranger District office in Murphy, NC. Additional information regarding this project can be obtained from Steverson Moffat, 123 Woodland Drive, Murphy, NC, 28906,
How to Object and Timeframe
The opportunity to object ends 45 days following the date of publication of the legal notice in the Cherokee Scout. The publication date of the legal notice in the newspaper of record is the exclusive means for calculating the time to file an objection, and that those wishing to object should not rely upon dates or timeframe information provided by another other source.
Objections will be accepted only from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment. Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after designated comment opportunities 218.8(c).
The objection must contain the minimum content requirements specified in 218.8(d) and incorporation of documents by reference is permitted only as provided in 218.8(b). It is the objector's responsibility to ensure timely filing of a written objection with the reviewing officer. All objections are available for public inspection during and after the objection process.
Written objections, including attachments, must be filed with: Reviewing Officer Allen Nicholas, Forest Supervisor, National Forests in North Carolina, 160 Zillicoa Street, Suite A, Asheville, NC 28801-1082, 828-257-4200 (voice), 828- 259-0523 (fax). The office business hours for those submitting hand-delivered objections are: 8:00 am to 4:30 pm Monday through Friday, excluding holidays. Electronic objections must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), or Word (.doc, .docx) to objections-southern-north-carolina
@fs.fed.us. Please state "Prospect-Hamby Project" in the subject line when providing electronic objections, or on the envelope when replying by mail. For further information on this decision, contact Steverson Moffat, NEPA Team Leader, at 828-837-5152. (441513)