17 SP 43
NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Ian Carr and Brittany Green to CB Services Corp., Trustee(s), which was dated August 5, 2011 and recorded on August 5, 2011 in Book CRP M-34 at Page 67, Macon 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 June 30, 2017 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Macon County, North Carolina, to wit:
Being all of the lands, easements, privileges and appurtenances as described in and conveyed by the deed from Josef N. Shalev and wife, Christy L. Shalev to Kathryn Coin and Raymond N. Lofthouse, dated May 15, 2006 and recorded in the Office of Register of Deeds for Macon County, North Carolina, in Book H-30, Pages 1294-1296, and being more particularly described therein as follows:
Being all the lands, tenements, easements and appurtenances conveyed by that Deed dated March 18, 2003, from Daniel Cataldi and wife, Cathie Willie Cataldi to Joseph N. Shalev and wife, Christy L. Shalev, recorded at Book Q-26, Pages 15-17, Macon County Registry, and being more particularly described therein as follows:
Being all of Lot No. 20-B and a portion of Lot No. 15-B of the Subdivision of Town Mountain Estates as shown on the plat thereof prepared by Thomas H. Cabe, registered Surveyor, a copy of which Plat is filed for record in the Office of the Register of Deeds for Macon County, North Carolina, in Plat Cabinet 1, Slide 113, Page 4, the lands hereby conveyed being more particularly described as follows:
BEGINNING at an iron pipe, said point of beginning being Southwesternmost corner of Lot No. 20-B and the Northwesternmost corner of Lot No. 15-B of the Subdivision of Town Mountain Estates as shown on the plat filed for record in Plat Cabinet 1, Slide 113, page 4, Records of Macon County, North Carolina, runs thence from said point of beginning, with the West boundary of Lot No. 20-B, North 07 deg. 07 min. West 180.0 feet to a iron pipe; thence continuing with the boundaries of Lot No. 20-B, as shown on said plat, North 82 deg. 40 min. East 78.73 feet to an iron pipe; South 19 deg. 34 min. East 60.0 feet to an iron pipe; South 07 deg. 00 min. East 50.0 feet to an iron pipe, and South 00 deg. 37 min. West 112.63 feet to an iron pipe set at a power pole marking the Southeasternmost corner of Lot No. 20-B and also the second corner of the lands described in the deed from Euell Owens and wife, Blanche Owens, to Betty M. Cabe, dated 9 July 1985, recorded in Deed Book K-16, page 263, Records of Macon County, North Carolina; thence a divisional line through Lot 15-B, South 81 deg. 18 min. West 76.43 feet to an iron pipe set in the West margin of a 20 foot road right of way and in the West boundary of Lot No. 15-B, North 07 deg. 07 min. West 42.0 feet to the point of BEGINNING, containing 0.44 acres more or less, being described herein as surveyed by G.L. Sprinkle, Registered Surveyor, shown on his drawing dated June 29, 1985.
Parties of the first part further convey unto party of the second part, her heirs and assigns, an easement for an access road 20 feet in width, the West and Southwest margins of which are described as follows: BEGINNING at an iron rod set at the Southwesternmost corner of the lands hereby conveyed and runs thence South 07 deg. 07 min. East 88.0 feet to an iron pipe, and South 67 deg. 09 min. East 109.01 feet to an iron pipe set on the West margin of Skylark Street.
Parties of the first part further convey unto party of the second part, her heirs and assigns, the right to use in common with parties of the first, their heirs and assigns, and all others who now have or may hereafter acquire the right to use the same, the 40 foot road right of way known as Skylark Street as shown on the recorded plat above referred, together with the continuation thereof as said roadway presently exists to the point of intersection with State Road No. 1324.
This conveyance is further made subject to existing easements for public utilities and to the 111 Restrictive Covenants applicable to Town Mountain Estates as set forth in the Deed from Joseph B. Moses to James P. Shearer and wife, dated 25 April, 1978, recorded in Deed Book A-12, page 32, Records of Macon County, North Carolina, to which deed as so recorded reference is had.
This conveyance is subject to all easements and restrictions of record.
For source of title see the deed recorded in Book U-33, Pages 705-707. Kathryn Coin, Kathryn Lofthouse Coin and Kathryn Coin Farson are one in the same person.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 196 Skylark Street, Franklin, NC 28734.
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 Ian Carr and wife, Brittany Green.
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
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 17-02156-FC01