Legals

Legals
16 SP 32 NOTICE OF FORECL ...

16 SP 32
NOTICE OF FORECLOSURE
SALE

NORTH CAROLINA,
GRAHAM COUNTY

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
Substitute Trustee
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)

Legals
NOTICE OF SALE OF REAL PR ...

NOTICE OF SALE OF REAL PROPERTY BY THE TOWN
OF LAKE SANTEETLAH

Date of Initial Publication:
June 15, 2017

The public shall take notice that the Town of Lake Santeetlah has received an offer and proposes to accept said offer to sell certain tracts of vacant and surplus real property in the Town of Lake Santeetlah for the price of $0.00 plus any and all closing costs, including the costs of survey. Said tracts of real property are located between platted lots and the 1817 contour elevation line of Lake Santeetlah and are more particularly described as follows:

1. Beginning at a 1/2 inch rebar found on the line common with the lands owned now or formerly by Gunkel (259/122, PC DB, Slide 729) thence traveling South 19-16-43 East 4.33 feet to a point on the 1817 Contour Elevation Line of Lake Santeetlah, thence traveling with said 1817 Contour Elevation Line of Lake Santeetlah the following courses and distances: South 27-45-42 West 11.41 feet; South 29-51-11 West 21.83 feet; South 68-53-30 West 18.58 feet; South 79-46-24 West 13.33 feet; North 65-07-32 West 18.95 feet; North 43-07-54 West 31.84 feet; North 65-54-42 West 15.44 feet to a point; thence leaving the 1817 Contour Elevation Line of Lake Santeetlah and traveling thence North 15-42-07 West 15.87 feet to a 1/2 inch rebar found on the line common with the lands owned now or formerly by Fifty-Four-Fifty, LLC (354/223) thence traveling with the line common with the 0.34 acre tract as shown on the above referenced Plat of Survey: South 53-49-09 East 21.00 feet; South 54-13-47 East 64.27 feet; North 40-27-13 East 51.40 feet back to the place and point of BEGINNING. Containing 0.02 acres, +/-.
2. Beginning at a 1/2 inch open top iron found (N=623857.24 E=550705.05) said 1/2 inch open top iron found lies South 60-26-00 West 54.49 feet from a 3/4 inch open top iron found, a tie, said 1/2 inch open top iron found being on the line common with Lot 13, Section 1A of Thunderbird Mountain Resort, thence traveling South 60-22-33 West 16.15 feet to a painted blue dot painted on the rock face of a wall on the 1817 Contour Elevation Line; thence traveling with the 1817 Contour Elevation Line; North 41-37-14 West 27.30 feet to a painted blue dot on the rock face of a wall; North 59-48-12 West 39.62 feet to a painted blue dot on the rock face of wall; thence leaving the 1817 Contour Elevation line and traveling North 43-45-58 East 4.18 feet to a 1/2 inch open top found on the line common with Lot 16, Section 1A, Thunderbird Mountain Resort; (said 1/2 inch open top iron found lies South 43-41-30 West 64.35 feet from a 1/2 inch open top found, a tie) thence traveling with the line common the line common with Lot 17, Section 1A, Thunderbird Mountain Resort: South 60-53-41 East 72.71 feet back to the place and point of BEGINNING. Containing 0.011 acres, +/-.
The Buyer shall bear all cost of closing including survey cost the expense of complying with NCGS 160A-269. In accordance with NCGS 160A-269, within ten (10) days of the publishing of this offer, any person may raise the bid for this property by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder. If the bid is raised the bidder shall deposit with the Town Clerk five percent (5%) of the increased bid and the Town Clerk shall then advertise the bid again at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Town of Lake Santeetlah may accept the offer and sell the property to the highest bidder. The Town of Lake Santeetlah may at any time reject any and all offers. Please contact Town of Lake Santeetlah Town Hall with any questions.

Legals
STATE OF NORTH CAROLINA, ...

STATE OF NORTH CAROLINA, COUNTY OF GRAHAM
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 16-SP-41

IN THE MATTER OF THE
ESTATE OFBILLY RAY MOODY,Deceased.

NOTICE OF SALE

NOW COMES the undersigned Commissioner in the above entitled action, pursuant to NCGS 1-339.15, and gives Notice of Sale as follows:

*This Notice of Sale is made pursuant to an order issued in this proceeding by the Clerk of Superior Court of Graham County signed and entered the 1st day of June, 2017.
*The sale will be by public auction on June 22, 2017 at 2:30 o'clock PM at the main entrance to the Graham County Courthouse located at 12 Court Street, Robbinsville, North Carolina.
*The undersigned will offer for sale at public auction the following described real estate, along with any improvements situate thereon. The real property to be sold is in the Cheoah Township, Graham County, North Carolina, and is all of the property described in a deed from Tony Odom and wife Glenda Odom to Billy Ray Moody, dated November 18, 2004, and recorded in Book 248, Page 837, Graham County Register of Deeds. The property is more particularly described from the referenced deed as follows:

As per Plat of Survey entitled "Plat for Billy Moody, being Lot 11, Woodland Hills", Cheoah Township, Graham County, North Carolina, by Terry R. James, PLS L-3998, said Plat of Survey being dated September 10, 2000, said Plat of Survey being referred to for a greater certainty and accuracy of description and incorporation herein and being more particularly described by metes and bounds as follows:

Lot 11, Woodland Hills:
BEGINNING at a set rebar, said set rebar being the Southeastern corner of the tract of land herein described and conveyed and said set rebar lying S 5606-24 W 157.15 feet from a set rebar, a tie, said set rebar also lying N 14-5129 W 111.87 feet from another set rebar, a tie, thence from said set rebar the following courses and distances along the lines common with the lands owned now or formerly by Tony Odom (DB 193, PG 629) S 84-46-31 W 131.13 feet to a set rebar; S 84-46-31 W 16.93 feet to a point in the center of a 45-foot wide subdivision road right of way easement; thence with the center of said 45-foot wide subdivision road right of way easement: N 2651-13 W 44.32 feet; N 25-07-07 W 42.21 feet to a point, said point being located N 48-50-35 E 23.32 feet from a set rebar, a tie, thence continuing N 25-07-13 W 10.56 feet to a point at the center line intersection of two (2) 45-foot wide subdivision road right of way easements, thence traveling with the center of another 45-foot wide subdivision road right of way easement the following three (3) courses and distances: N 65-06-07 E 52.83 feet; N 87-4427 E 75.04 feet; N 76-37-54 E 39.40 feet to a point; thence leaving the center of the 45-foot wide subdivision road right of way easement and traveling S 14-49-57 E 22.48 feet to a set rebar; S 14-49-57 E 89.39 feet back to the place and point of BEGINNING. Containing 0.38 acres, more or less and being designated as Lot #11 of Woodland Hills Subdivision.

SUBJECT TO and TOGETHER WITH the Restrictive Covenants for Woodland Hills Subdivision as recorded in Deed Book 203, Page 853 and as amended in Deed Book 206, Page 823, Graham County Registry.

SUBJECT TO the 45-foot wide subdivision road right of way easement (22.5 feet each side of center) for the subdivision roads bordering the above described tract of real property on the West and North as shown on the above referenced Plat of Survey.

TOGETHER WITH a non-exclusive, perpetual, and appurtenant road right of way easement over and across the subdivision roads for purposes of ingress, egress and regress to and from the tract herein conveyed and the public road, said subdivision road presently being in existence.
The 1992 mobile home situate thereon is owned 1/2 by Billy Ray Moody and 1/2 by Sheila Raye Howard. TAKE NOTICE that only the 1/2 interest in the mobile home owned by Billy Ray Moody is included in this sale.
*The minimum bid shall be no less than the then outstanding ad valorem taxes owing with respect to the Property and the costs of this action.
*The property is to be sold by the Commissioner to the highest bidder for CASH. At the time of the sale, the highest bidder will be required to deposit with the Commissioner the greater of five (5%) per cent of the amount of the bid, or $750.00.
*All bidders bid for the property AS IS on the date of sale subject to all deeds of trust, liens, encumbrances, servitudes, easements, rights of way, covenants, conditions and restrictions, encroachments, licenses, notice of lis pendens or pendency, charges, zoning laws, ordinances, regulations, building codes and other governmental laws, rules and orders affecting the Property, whether or not the same are of public record, but free and clear of all outstanding ad valorem taxes which shall be paid by the Commissioner from the gross proceeds of the sale and before the distribution of the net proceeds of the sale to the Petitioners and Respondents.
*All bidders are advised that they should obtain independent counsel to examine record title. Absolutely no warranties are made as to the acreage, condition, value or title of the property. Neither the Commissioner nor parties to this proceeding make any representation of warranty relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the Property, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed.
*Title will be transferred by the Administrator to the successful bidder by an Administrator's Deed containing limited warranties.
*Payment of the full purchase price to the Administrator shall occur on the date that is five (5) days after the expiration of all applicable upset bid periods (or the next business day that the Office of the Register of Deeds for Graham County, North Carolina is open for business if such date is a Saturday, Sunday or legal holiday).

This the 1st day of June, 2017.

Elizabeth Brigham
Administrator CTA
P.O. Box 1038
Bryson City, NC 28713
(828)535-9977
Publication dates: June 15, 2017 and June 22, 2017 (349605)

The Graham Star

Mailing address: P.O. Box 69, Robbinsville, NC 28771

Street address: 720 Tallulah Rd., Robbinsville, NC 28771

Phone number: 828-479-3383

Fax number: 828-479-1044