IN THE GENERAL
COURT OF JUSTICE
BEFORE THE CLERK
16 SP 83
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MICHAEL L. MEHER AND WIFE, NICOLE R. MEHER DATED July 14, 2005 AND RECORDED IN BOOK J-29, PAGE 367, MACON COUNTY REGISTRY, TO JOHN F. HENNING, SR., TRUSTEE.
OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in that certain deed of trust executed by MICHAEL L. MEHER AND WIFE, NICOLE R. MEHER dated July 14, 2005 to JOHN F. HENNING, SR., Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book J-29, Page 367, MACON County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of MACON County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of MACON and State of North Carolina, and more particularly described as follows:
Lot No. 9 of the Roy Fouts/Robert Rush property in Cowee Township, Macon County, North Carolina, and being more particularly described as follows:
BEGINNING at an iron stake set in the east boundary of Lot 8 of the Roy Fouts/Robert Rush property, the same being a corner common to Lots 9 and 10 of said subdivision (the southwest corner of Lot 10 as described in the Deed of Trust from Roy H. Fouts and wife Lillian B. Fouts to Roger Pleruens, Trustee, dated July 30, 1999, recorded in Book L-23 at Page 513, Public Records of Macon County, North Carolina); runs thence front said point of Beginning and with the dividing line between Lots 9 and 10, North 72 degrees 15 minutes 55 seconds East 246.87 feet to an iron stake set in the west line of Lot 11; thence with the dividing line between Lots 9 and 11, South 29 degrees 58 minutes 06 seconds East passing an iron stake at 171.36 feet, passing a point in the center of a 20-foot wide road and utility right of way easement at 193.49 feet, whole distance 229.13 feet to a point in the center of a small branch; thence down and with the meanders of said branch, the following courses and distances: South 73 degrees 44 minutes 49 seconds West 24.44 feet; South 80 degrees 49 minutes 18 seconds West 16.21 feet; South 36 degrees 54 minutes 25 seconds West 7.90 feet; South 07 degrees 20 minutes 15 seconds East 17.17 feet; South 49 degrees 12 minutes 55 seconds West 6.67 feet; North 89 degrees 05 minutes 39 seconds West 30.81 feet; South 64 degrees 57 minutes 10 seconds West 26.98 feet; North 83 degrees 48 minutes 00 seconds West 21.24 feet; South 56 degrees 17 minutes 51 seconds West 33.04 feet; South 52 degrees 57 minutes 10 seconds West 39.44 feet; South 73 degrees 11 minutes 02 seconds West 19.31 feet and South 85 degrees 51 minutes 25 seconds West 10.45 feet to a point in the east line of Lot 8, the same being located North 32 degrees 38 minutes 23 seconds West 16.95 feet from an existing iron pipe, the easternmost corner of Lot 8; thence leaving said branch and running with the dividing line between Lots 8 and 9, North 32 degrees 38 minutes 23 seconds West passing a point in the center of said 20- foot wide joint road and utility right of way easement at 59.41 feet, passing a point in the center of a 20-foot wide driveway, leading to Lot 9, at 231.49 feet, whole distance 257.78 feet, to the point of BEGINNING, containing 1.31 acres, be the same more or less and being described herein pursuant to an unrecorded survey and plat made by Turlington Surveying, P.A. under date of May 18, 2000, entitled "Roy Fouts".
Further subject to those certain easements, covenants & restrictions in Deed Book N-26, Page 1710 Macon County Registry, which are incorporated herein by reference.
Included in the above real property is a 2003 mobile home, Vehicle Identification Number CLR020794TNAB, which is affixed to the real property. This mobile home will be sold as a part of the real property as is permitted by the provisions of N.C.G.S. 25-9-604.
PROPERTY ADDRESS/LOCATION:231 Still House Branch Road Franklin NC 28734
DATE OF SALE: March 27, 2017
TIME OF SALE: 10:30 A.M.
LOCATION OF SALE: MACON County Courthouse
RECORD OWNER(S): Michael L. Meher and Nicole R. Meher
TERMS OF THE SALE:
(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.
(2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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.
(6) An order for possession of the property being sold 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.
(7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagees attorney, or the Substitute Trustee.
This the 17 day of February , 2017.
SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.
Cara B. Williams, Attorney forJeff D. Rogers, Substitute Trustee
P. O. Box 26268 Raleigh, NC 27611-6268