STATE OF NORTH
COUNTY OF CHEROKEE
File No: 18 SP 25
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 David M. Martin and Vicki N. Martin, husband and wife, original mortgagors, and recorded in the Office of the Cherokee County Register of Deeds in Deed of Trust Book 1240, at Page 356. 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: N/A
The property will be sold by the Substitute Trustee at 2:00 p.m. on the 24th day of May, 2018 at the Cherokee County Courthouse door in the City of Murphy, North Carolina.
The real property to be sold is generally described as 397 Rocky Creek Road, Andrews, NC 28901* and is more particularly described as follows:
Being all of that property described in that certain Deed of Trust recorded in Book 1240, at Page 356 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).
All bidders bid for the property AS IS on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. 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 Real 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.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.
THIS the 24th day of April, 2018.
William Richard Boyd, Jr.
474 Mountain Cove Road
Waynesville, NC 28786
STATE OF NORTH
18 SP 24
NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Dustin McClure and Misty McClure to Daniel D. Hornfeck, Trustee(s), which was dated November 4, 2010 and recorded on November 9, 2010 in Book 01399 at Page 0078, Cherokee County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on May 31, 2018 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Cherokee County, North Carolina, to wit:
All that tract or parcel of land containing 2.02 acres, more or less, being Lot 13 and Lot 14 of Peachtree Meadows Subdivision, Murphy Township, Cherokee County, North Carolina, and being further, described according to that plat of survey entitled "Carl Stiles Subdivision", by L.B. Adams, P.L.S., #L-2708, dated June 12, 2009, and from said plat of survey more particularly described as follows:
BEGINNING at a point in the centerline of a subdivision access road, being a point in common with Lots 12, 15 and 16, and running with the centerline of said subdivision access road and the line of Lot 15 South 55 deg 24' East 37.61 feet to a point, South 69 deg 55' East 38.53 feet to a point, South 75 deg 50' East 93.58 feet to a point and South 57 deg 49' East 11.15 feet to a point; thence running with the line of Lot 15 and with the proposed road to Lot 13 and Lot 14 South 57 deg 49' East 20.15 feet to a point, South 34 deg 42' East 24.32 feet to a point, and South 06 deg 11' East 20.01 feet to a point in the centerline of said proposed road; thence running with the line of Lot 15 North 63 deg 18' East 86.81 feet to an iron rod found in the common boundary line of Allen (Deed Book 911, page 141) thence running with the common boundary line of Allen (Deed Book 911, page 141) South 10 deg 10' West 200.47 feet to an iron rod found, North 84 deg 15' West 201.03 feet to an iron rod found, and North 82 deg 25' West 232.38 feet to an iron rod found being a point common with Lot 8; thence running with the common boundary line of Lot 8 North 19 deg 39' West 151.84 feet; thence running with the common boundary line of Lot 12 North 84 deg 22' East 285.25 feet to an iron rod set and North 41 deg 40' West 67.71 feet to the point and place of Beginning, containing 2.02 acres, more or less.
The above conveyance is subject to all restrictions, covenants, easements, rights of ways etc as described in Deed Book 1120, Page 191, Cherokee County, NC Registry.
For source of title reference Deed Book 1366, Page 886 and Deed Book 1120, Page 191, Cherokee County, NC Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 48 Birch Meadow Lane, Marble, NC 28905.
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Dustin McClure and Misty McClure.
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. 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 [NCGS 45-21.16A(b)(2)]. 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.
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.
Trustee Services of Carolina, LLC Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 18-01918-FC01
STATE OF NORTH
COUNTY OF CHEROKEE
A BODY POLITIC
ALL HEIRS KNOWN AND UNKNOWN Defendant(s)
Pursuant to the requirements of G.S. 105-375(c), notice is hereby given to:
that a judgment of foreclosure will be docketed against the property described below on June 4, 2018.
That a certain parcel of property (552400890726000) designated as Real property, located on Long Branch Road containing 25 AC in Valleytown Township, Cherokee County, North Carolina.
Execution will be issued on the judgment, and the property will be sold as provided by law. The tax lien, including interests and costs, may be paid before the judgment is docketed and at any time thereafter as allowed by law.
Cherokee County Tax Office
Notice of Regular
NOTICE IS HEREBY GIVEN that the Regular Scheduled Meeting of the Bear Paw Service District Board of Directors shall occur at 9:00 am on the 26th day of May, 2018 at the Bear Paw Clubhouse, Located at 60 Village Road Murphy, North Carolina. (429991)