17 SP 104
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kayla H. Baty and James R. Baty to Emmett James House or Bill R. McLaughlin, Trustee(s), which was dated September 1, 2005 and recorded on September 7, 2005 in Book N-29 at Page 1960, 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 October 27, 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 the same lands, easements, privileges and appurtenances described in and conveyed by that certain Deed dated August 15, 2003 from Chard Dwain Clark and wife, Kimberly Clark to James R. Baty and wife, Kayla H. Baty, recorded in Book F-27, at Pages 1491 - 1492, Macon County Registry to which reference is made for a more complete description.
And more particularly described as:
BEING all of Lot #39 and Lot #40, and the West 10 feet of Lot #38 of the J. S.Trotter Subdivision, as shown on a plat recorded in the office of the Register of Deeds for Macon County, North Carolina in Plat Book 1 at page 13; being a portion of the property as described in a deed dated March 7, 1959 from Lawrence Long and wife, Annie Laura Long to Sam Winkleblack and wife, Dorothy Winkleblack as recorded in the um cc of the Register of Deeds for Macon County, in Deed Book K-6, at page 594.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 64 Wilson Avenue, 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 James R. Baty and wife, Kayla H. Baly.
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.: 17-07537-FC01