16 SP 32
NOTICE OF FORECLOSURE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Norma Edison and Clyde Edison and Matthew Shiver and Jade Shiver to Zeyland G. McKinney, Jr., Trustee(s), which was dated May 20, 2008 and recorded on May 20, 2008 in Book 292 at Page 287, Graham 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 28, 2017 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Graham County, North Carolina, to wit:
AS PER plat of survey entitled "Property of Mary Sherrill" Cheoah Township, Graham County, North Carolina, be Alan C. Carver, RLS L-2969, dated April, 1987, said plat of survey being hereby incorporated herein and referred to for greater accuracy and certainty of description and being "Parcel 3" as shown on said plat of survey and being described from said plat of survey by metes and bounds as follows:
BEGINNING AT a set nail in the centerline of a driveway, on the line common with lands owned now or formerly by Floyd Sherrill, and runs thence from the set nail, being the point and place of beginning: S 45-59-20 W 121.39 feet to an existing nail in the centerline of a driveway and on the northern margin of the road right of way easement for U.S. Highway 129; thence S 45-59-20 W 66.55 feet to a point in the centerline of US 129, thence with the centerline of US 129 N 86-51-39 W 144.63 feet to a point in the centerline of US 129; thence with the centerline of US 129 N 88-07-12 W 49.97 feet to a point in the centerline of US 129; thence leaving the center of US 129 and traveling with the line common with Parcel 2 as shown on said plat of survey, N 4-57-39 E 49.59 feet to a new pipe; thence N 4-57-39 E 85.55 feet to a new pipe; thence N 76-39-38 E 183.73 feet to a new pipe; thence S 89-38-19 E 31.15 feet to anew pipe; thence S 62-39 E 121.53 feet to the BEGINNING. Containing 1 acre, more or less.
SUBJECT TO the easements for existing utilities.
SUBJECT TO the rights of others in the use of the existing private drive located on the eastern boundary of the above described lands, including the road right of way easement granted to Eller along said driveway as recorded at Deed Book 278, Page 617, Graham County Registry.
SUBJECT TO the road right of way easement for U.S. Highway 129 as shown on the above referenced plat of survey.
FOR SOURCE of title see Graham County Estate File 07-E-08.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 5725 Tallulah Road, Robbinsville, NC 28771.
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 Norma Edison and Matthew Shiver and wife, Jade Shiver.
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.: 16-08205-FC01 (349410)