STATE OF NORTH
COUNTY OF FORSYTH
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION
17 CVD 6495
NOTICE OF SERVICE OF
PROCESS BY PUBLICATION
BANK OF AMERICA, N.A., Plaintiff,
EDISON ROBERTS, JR., PENNY ROBERTS, BARBARA CARR, DALE CARR, DEBRA JOHNSON, RICKY JOHNSON, MARY HARDY a/k/a Mary Hardee, DON HARDEE, UNKNOWN HEIRS OF EDISON ROBERTS by and through their guardian ad litem, Kristen S. Nardone, and SECRETARY OF HOUSING AND URBAN DEVELOPMENT,
TO:BARBARA CARR, DALE CARR, and DON HARDEETAKE NOTICE that a pleading seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is as follows:
1.Plaintiff seeks to recover judgment reforming the Deeds of Trust recorded at Book 1381, Page 474 and Book 1381, Page 493 with the Cherokee County Registry to include the names of Edison E. Roberts and Jo Anne Roberts as Grantors in the notary acknowledgment of the said Deeds of Trust, said reformation to relate back to the original date of recording; and judgment declaring that the Deed of Trust in favor of Plaintiff recorded in Book 1381, Page 474 with the Cherokee County Registry is a valid first lien against the property located at 1666 Orton Road, Murphy, North Carolina.
You are required to make defense to such pleading not later than the 8th day of January, 2018, said date being forty (40) days from the first publication of this notice; and upon your failure to do so the Plaintiff will apply to the Court for the relief sought.
This, the 22nd day of November, 2017.
Bowen C. Houff,
Attorney for Plaintiff
BLANCO TACKABERY & MATAMOROS, P.A.
Post Office Drawer 25008
STATE OF NORTH
NOTICE OF FORECLOSURE SALE
17 SP 111
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Frederick B. Shaw and Rose Anne Shaw aka Roseanne H. Shaw, (Rose Anne Shaw aka Roseanne H. Shaw, deceased) (Frederick B. Shaw, deceased) (Heirs of Frederick B. Shaw: Dorothy Ceurter, Frederick Shaw aka Ricky Shaw and Unknown Heirs of Frederick B. Shaw) (PRESENT RECORD OWNER(S): Frederick B. Shaw and Roseanne H. Shaw) to Ronald M. Cowan, Trustee(s), dated the 26th day of June, 2009, and recorded in Book 1361, Page 156, 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 December 21, 2017 and will sell to the highest bidder for cash the following real estate situated in the Township of Murphy, in the County of Cherokee, North Carolina, and being more particularly described as follows:
A lot in Cherokee County, North Carolina in Murphy Township, adjacent to the Eastern boundary of the Murphy city limits and more particularly described as follows:
BEGINNING on an iron pipe over a metal culvert 10 feet Northwest of the center of Terrace Avenue, said pipe being the East corner of Billy Coffey tract and the South corner of Robert Gladson tract and runs thence S 49-59 W with the Northwest margin of Terrace Avenue 163.4 feet to an iron pipe 10 feet Northwest of center of Terrace Avenue and runs thence N 43-54 W, with a severance line, 187.3 feet to an iron pipe in the center of Turnbill Branch at a four prong 10" Box Elder, Mrs. Jake Jordan Coffey's corner and runs thence up center of said branch with Mrs. Jordan and Coffey's line, the following courses and distances, S 81-06 E 72.6 feet to a point, N 45-13 E 31.9 feet to a point, S 80-29 E 63.5 feet to a point, N 69-23 E 58.3 feet to an iron pipe at the Intersection of a spring branch and runs thence S 40-15 E upstream with said spring branch, 67.1 feet to an iron pipe the point of BEGINNING, containing 0.45 acre. Together with improvements located thereon; said property being located at 84 McGuire Street, Murphy, North Carolina.
SAVE AND EXCEPT that certain tract of land containing 0.08 acres, more or less, previously conveyed to Decker by Deed dated September 29, 2006, recorded on November 20, 2006, in Deed Book 1261, Page 185, Cherokee County Registry.
The above description made from an actual transit tape survey made by L.R. Harding on July 9, 1970. All Bearings are based on magnetic North and all distances are horizontal measurements.
Reserved from the above description is the right to a spring now being used; lying and being N 24-27 E 65.5 feet from the South corner of the above described tract. And that this spring will be used only by the two parties.
FOR SOURCE OF TITLE, reference Deed Book 1268, Page 557, Cherokee County, North Carolina Registry.
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 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: 1218488 (FC.FAY)