Legals

Legals

CREDITOR'S NOTICE

Having qualified as Executor of the Estate of Sandra Jean Lively a.k.a. Sandra Knoll Lively, deceased, late of Lake County, Florida, this is to notify all persons having claims against the estate of said Estate of Sandra Jean Lively a.k.a. Sandra Knoll Lively, deceased, to exhibit them to the undersigned on or before the 19th day of October 2017, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 26th day of July 2017.

Austin Lee Lively
Executor
Karen L. Kenney Esq
Resident Process Agent
673 Siler Rd, Suite 4
Franklin, NC 28734-2370
07/26/2017-08/16/2017 #358900

Legals

CREDITOR'S NOTICE

Having qualified as Personal Representative for the Estate of TOM EDWARD JAMES, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the Estate of said deceased to exhibit them to the undersigned on or before the 3rd day of November, 2017, or this Notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 26th day of July, 2017.

Hilda Sanders James
Personal Representative
c/o Russell R. BowlingAttorney for the Estate77 West Main StreetFranklin, NC 28734
07/26/2017-08/16/2017 #359271

Legals

NOTICE TO CREDITOR'S

All persons, firms and corporations having claims against Maxine M. Bates, Deceased, of Macon County, North Carolina are notified to present their claims to the below-named Administrator on or before October 26, 2017, or this Notice will be pleaded in bar of recovery. Debtors of the decedent are requested to make immediate payment to the undersigned. This the 26th day of July, 2017.

Nelson W. Bates, Administrator
c/o Thomas R. Crawford, Esq.
Attorney at Law
Crawford Law Firm
P.O. Box 300
Sylva, NC 28779-0300
07/26/2017-08/16/2017 #358905

Legals

CREDITOR'S NOTICE

Having qualified as the Ancillary Executor of the Ancillary Estate of Cecil Floyd, Jr., deceased, late of Floyd County, Georgia, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned Ancillary Executor, in care of B.J. Kilgore, Esq., Van Winkle, Buck, Wall, Starnes and Davis, P.A., Attorneys-at-Law, 11 North Market Street, Asheville, NC 28801, on or before the 28th day of October, 2017, or this Notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment.
Susan Floyd Murphy, Ancillary Executor
Ancillary Estate of Cecil Floyd, Jr.
07/28/2017-08/18/2017 #360217

Legals

NOTICE TO CREDITORS

Having qualified as Administrator of the Estate of Grace OKelley Cartledge, deceased, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 1st day of November 2017, or this notice will be pled in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 28th day of July, 2017.

Jean Dawson, Personal Representative
c/o Steven E. Philo, Attorney
587 West Main Street
Franklin, NC 28734
07/28/2017-08/18/2017 #360427

Legals

NOTICE TO CREDITORS

Having qualified as Executor of the Estate of Molly T. Philo, deceased, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 1st day of November 2017, or this notice will be pled in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 28th day of July, 2017.

Steven E. Philo, Executor
c/o Steven E. Philo, Attorney
587 West Main Street
Franklin, NC 28734
07/28/2017-08/18/2017 #360210

Legals

NOTICE OF PUBLICATION:
IN THE FAMILY COURT OF THE COUNTY OF GREENVILLE
STATE OF SOUTH CAROLINA
C.A. No.: 2017-DR-23-1421 NOTICE OF DIVORCE PROCEEDING

TO: Douglas George Burton Jr.

You have been notified pursuant to SC Code Ann. Sec. 15-9-710, that divorce proceedings have been initiated under the above-referenced case number involving a divorce from your wife, married in August 13, 2005.
YOU ARE FURTHER NOTIFIED AS FOLLOWS:
1. That within thirty (30) days of receiving notice you shall respond in writing by filing with the Clerk of Court at 301 University Ridge Greenville, South Carolina 29602, notice and reasons to contest, intervene or otherwise respond;
2. That the Court must be informed of your current address and any change of address during the divorce proceedings.
3. That failure to file a response within thirty (30) days of receiving notice will constitute judgment by default rendered against you for the relief demanded in the Complaint.
Lidia Xiomara Martinez Fuentes
103 Sumbolic Court
Greenville, SC 29617
Phone: 864-735-6810
08/02/2017-08/16/2017 #361038

Legals

ADMINISTRATOR NOTICE

Having qualified as Administrator of the Estate of Beverly Ann Abrams, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned on or before the 27th day of October, 2017, or this Notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 27th day of July, 2017.

Lucille P. McCall, Public Administrator
468 Piney Grove Road
Franklin, North Carolina 28734
828-524-3281

Robert F. Siler
Coward, Hicks & Siler
43 West Main Street
Franklin, NC 28734
828-524-6475
08/02/2017-08/23/2017 #360989

Legals

EXECUTOR'S NOTICE

Having qualified as Executor of the estate of Marion Thomas Jr, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 2nd day of November, 2017 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 2nd day of August 2017.

Marcella L. Keener (Executor)
194 Lively Lane
Franklin, NC 28734
08/2/2017-08/23/2017 #361408

Legals

NOTICE OF
FORECLOSURE SALE
17 SP 99

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Michael Spearman and Alberta Spearman, (Michael Spearman, deceased) (Alberta Spearman, deceased) (Heirs of Alberta Spearman: Darlene L. Webb, Raymond W. Pluschau, Douglas H. J. Pluschau and Stephen M. Spearman) (Raymond W. Pluschau, deceased) (Heirs of Raymond W. Pluschau: Christine Engel Pluschau, Brandon Pluschau and Unknown Heirs of Raymond W. Pluschau) to Norma Coates, Trustee(s), dated the 12th day of December, 2006, and recorded in Book X-30, Page 2080, in Macon 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on August 24, 2017 and will sell to the highest bidder for cash the following real estate situated in the Township of Franklin, in the County of Macon, North Carolina, and being more particularly described as follows:
All that certain property situated in the Township of Franklin in the County of Macon and State of North Carolina, being described as follows: Lot 19, Westwood Estates Subdivision, per plat card #1388, revised on plat card #3481. Being more fully described in a deed dated 01/11/2002 and recorded 01/31/2002, among the land records of the county and state set forth above, in Deed Volume K-25 and Page 1336. Together with improvements located thereon; said property being located at 33 Westfield Trace, Franklin, North Carolina.
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.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1215200 (FC.FAY)
08/09/2017-08/16/2017 #363005

Legals

ADMINISTRATOR'S NOTICE

Having qualified as Administrator of the estate of Jeanine Ruth Long, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 9th day November, 2017 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 9th day of August 2017.

Carissa Buckson (Administrator)
96 SpringRidge Dr.
Warrensburg, MO 64093

Maria Vernelson (Process Agent)
397 Lakeshore Drive
Franklin, NC 28734
08/09/2017-08/30/2017 #362910

Legals

CREDITOR'S NOTICE
Having qualified as Executor of the Estate of Mary Carrillo Reagan, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the estate of said Mary Carrillo Reagan, deceased, to exhibit them to the undersigned on or before the 14th day of November 2017, or this Notice will be pled in bar of their recovery. All persons indebted to said estate will please make immediate settlement.
This the 11th day of August 2017.

Louis P. Carrillo
Executor
Karen L. Kenney
Resident Process Agent
673 Siler Road, Suite 4
Franklin, NC 28734
8/11/17- 9/1/17 #364165

Legals

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA MACON COUNTY
IN THE SUPERIOR COURT
TOWN OF FRANKLIN V. JOYCE ANN TAYLOR (aka Joyce Ann Taylor Meeks), CHARLIE HENDERSON, DEREK HENDERSON, MATHEW HENDERSON, ELIZABETH HENDERSON, CHARLOTTE HENDERSON, ROBERT LESLIE HENDERSON, MICHAEL B. HENDERSON, MICHAEL HENDERSON, JR., AMY HENDERSON, ELIJAH HENDERSON, TAMMY MILLER, SHAWN MILLER, T.J. MILLER, JOYCE TAYLOR, RHONDA R. MCCARTHY, TRIP MCCARTHY, AND SOPHIA MCCARTHY

TAKE NOTICE THAT: Pursuant to N.C.G.S. 160A-443(6) the Town of Franklin intends to remove or demolish a building located upon real property, located at 76 Hillcrest Avenue, Franklin, Macon County, North Carolina, Macon County Parcel Identification Number 6594-06-0643, the same as being described in a deed dated May 27, 2010 from Joyce Taylor et al. to Joyce Ann Taylor, recorded in the Office of the Register of Deeds for Macon County in Deed Book S-33 at pages 249-250, subject to the life estate in the Property granted by Joyce Ann Taylor Meeks to the other Defendants named in this action, contained in that deed dated August 6, 2015 and recorded in the Office of the Register of Deeds for Macon County in Deed Book W-36 at pages 1574-1575.
Take 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:
The dilapidated structure located upon the property shall be demolished with a lien placed upon the real property for the cost incurred.
You are required to make defense to such pleading not later than 40 days from the date of first publication of this notice, said date being Monday, September 25, 2017, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 16th day of August, 2017.

John F. Henning, Jr., Attorney for the Town of Franklin, Campbell Shatley, PLLC, 674 Merrimon Ave., Suite210, Asheville, NC 28804.

Published: August 16, 2017

#365247 / 8/16, 8/23, 8/30/2017

Legals

Town of Franklin
Public Notice

Notice is hereby given that a public hearing will be held by the Town Council of the Town of Franklin, North Carolina at 7:05 p.m. or as soon as possible thereafter on Tuesday, September 5, 2017 in the Town Hall boardroom. The purpose of said hearing shall be to consider an amendment of the Town of Franklin Unified Development Ordinance and the recommendations of the Town Planning Board in regards to Event Venues.
Parties in interest and citizens shall have an opportunity to be heard at said hearing. Information concerning the proposed amendment may be examined in the office of the Land Use Administrator, Town of Franklin, North Carolina at any time during regular business hours prior to the hearing.

Town of Franklin
Travis Tallent, Clerk
8/16/17 - 8/23/17 / #364797

Legals

NOTICE OF
FORECLOSURE SALE
17 SP 66

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Larry P. Martindale and Susan Martindale (PRESENT RECORD OWNER(S): Susan B. Martindale and Larry P. Martindale) to David W. Dillard, Trustee(s), dated the 15th day of October, 2003, and recorded in Book M-27, Page 2168, in Macon 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on August 31, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Macon, North Carolina, and being more particularly described as follows:
Lot 236 Cullasaja Club, consisting of Parcel A (0.94 acres) and Parcel B (0.29 acres), as shown on a plat by Cranston, Robertson & Whitehurst, P.C., Registered Land Surveyors, dated June 5, 1987, last revised October 29, 1987, designated Drawing No. 87-125 (236), and recorded in the Office of the Register of Deeds, Macon County, North Carolina, on Card 297. Together with improvements located thereon; said property being located at 68 Crescent Trail, Highlands, North Carolina.
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.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville,
North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1189379 (FC.FAY)

#365241 / 8/16-8/23/2017

Legals

NOTICE OF SERVICE OF PROCESS BY PUBLICATION
STATE OF NORTH CAROLINA MACON COUNTY
IN THE SUPERIOR COURT

TOWN OF FRANKLIN V. GERRY MICHAEL McCARTNEY

TAKE NOTICE THAT: Pursuant to N.C.G.S. 160A-443(6) the Town of Franklin intends to remove or demolish a building located upon real property, described in that deed recorded in Deed Book E-16 at Page 113 of the Macon County Registry (PIN 6594-14-6535). Property also known as 456 Pauline Avenue, Franklin, North Carolina.
Take 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:
The dilapidated structure located upon the property shall be demolished with a lien placed upon the real property for the cost incurred.
You are required to make defense to such pleading not later than 40 days from the date of first publication of this notice, said date being Monday, September 25, 2017, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 16th day of August, 2017.

John F. Henning, Jr., Attorney for the Town of Franklin, Campbell Shatley, PLLC, 674 Merrimon Ave., Suite 210, Asheville, NC 28804.

Published: August 16, 2017

#365245: 8/16, 8/23, 8/30/2017

Legals

NOTICE OF SERVICE OF PROCESS BY PUBLICATION STATE OF NORTH CAROLINA MACON COUNTY IN THE SUPERIOR COURT

TOWN OF FRANKLIN V. MARQUATI BROWN, BRENT SANDERS, BRUCE SANDERS, JENNIFER SANDERS, KIM SANDERS, LISASANDERS, STANLEY SANDERS, STEPHANIE SANDERS, TERESASANDERS, THEORDORE SANDERS, WILLIAM SANDERS, DELORES SMITH, DOUGLAS SMITH, AND PATRICK SMITH

TAKE NOTICE THAT: Pursuant to N.C.G.S. 160A-443(6) the Town of Franklin intends to remove or demolish a building located upon real property, described in that deed recorded in Deed Book E-21 at Page 647 of the Macon County Registry (PIN 658-570-7026). Property also known as 14 Brittany Lane, Franklin, North Carolina.
Take 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:
The dilapidated structure located upon the property shall be demolished with a lien placed upon the real property for the cost incurred.
You are required to make defense to such pleading not later than 40 days from the date of first publication of this notice, said date being Monday, September 25, 2017, and upon your failure to do so the party seeking service against you will apply to the court for the relief sought.
This the 16th day of August, 2017.

John F. Henning, Jr., Attorney for the Town of Franklin, Campbell Shatley, PLLC, 674 Merrimon Ave., Suite210, Asheville, NC 28804.
Published: August 16, 2017

#365246 / 8/16, 8/23, 8/30, 2017

Legals

Water System
Performance Report
As required by the Clean Water Act of 1999, copies of the System Performance Report for the Town of Franklin's Wastewater Treatment Plant and Wastewater Collection System are now available for review at the Town office at 95 East Main Street. Copies of both documents are available upon request.
8/16/17 - 08/18/17 #364756

Legals

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MACON COUNTY
16SP92

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CANDACE GAY AND NORMAN ROBLEY BROWN DATED SEPTEMBER 23, 2005 AND RECORDED IN BOOK P-29 AT PAGE 661 IN THE MACON COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 1:00PM on September 1, 2017 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described as follows:

Being the same lands conveyed by that deed dated December 19, 2003 from Robert R. Clabaugh, and wife, Roberta L. Clabaugh as Trustees of The Robert R. Clabaugh and Roberta L. Clabaugh Living Trust dated June 1, 1994, to John L. Jacques and wife, Cindy G. Jacques and recorded in Book R-27, Pages 615-617, Macon County Land Registry, and being more particularly described therein as follows:

"Being a portion of the lands, easements, privileges and appurtenances described in that deed dated 1 June1994 from Robert R. Clabaugh, and wife, Roberta L. Clabaugh to Robert R. Clabaugh, and Wife, Roberta L. Clabaugh as Trustees of the Robert R. Clabaugh and Roberta L. Clabaugh Living Trust Dated June 1,1994, and recorded in Book L-20, Page 151-153, Macon County Land Registry, and described as follows:

"BEGINNING at the point of intersection of Stewart Road and Howard Branch Road runs thence with the center line of Howard Branch Road the following ten (10) courses and distances: S 33- 28-15 W 52.11 feet, S 24-17-47 W 30.66 feet, S 16-47-53 W 32.44 feet, S 11-27-33 W 28.55 feet, S 01-19-18 W 58.02 feet, S 01-38-44 E 34.24 feet, S 11-44-33 W 20.96 feet, S 26-44-12 W 28.59 feet, S 33-58-45 W 21.04 feet, and S 33-58-45 W 25.27 feet to the point of intersection of Howard Branch Road and Cedar Cliff Road thence leaving Howard Branch Road N 75-58-03 W passing an iron pin at 15.00 feet and a second iron pin at 57.31 feet whole distance 127.33 feet to the point in the centerline of a small branch thence with the centerline of said branch the following six (6) courses and distances: N 05-25-19 E 4.66 feet, N 17-50-12 E 22.38 feet, N 21- 57-02 W 27.98 feet, N 30-18-50 W 46.82 feet, N 23-09-21 W15.07 feet, and N 40-29-20 W 11.29 feet to a point in the centerline of Stewart Road thence with the center line of Stewart Road the following eight (8) courses and distances: N 38-18-47 E 34.14 feet, N 36-43-10 E 14.88 feet, N 47-58-05 E 20.91 feet, N 52-36-08 E 25.80 feet, N 65-22-43 E 40.09 feet, N 70-34-07 E 54.83 feet, N 69-12-20 E 54.76 feet, and N 67-44-30 E 45.13 feet to the point and place of BEGINNING containing .98 acres more or less as shown on that survey plat by William F. Rolader, Registered Land Surveyor, dated November 19, 2003 and revised 12 December 2003 (Drawing # 03-548).

"The above described lands are subject to the right of way of Stewart Road and Howard Branch Road and to easements and restrictions of record.

And Being more commonly known as: 35 Howard Branch Rd, Otto, NC 28763

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Candace Rose Gay and Norman Robley Brown.

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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.

The date of this Notice is August 10, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
16-082944

#365244 / 8/18-8/25/2017

The Franklin Press

Mailing Address:
40 Depot Street
Franklin, NC 28744 

Phone: 828-524 2010
Fax: 828-524-8821