No. 17 SP 46
Philip A. Glass
Date of Sale: June 6, 2017
Time of Sale: 2:00 p.m.
Place of Sale: Macon County Courthouse
Description of Property: See Attached Description
Record Owners: Ryan Eugene McHan and Jessica N. McHan, fka Jessica Nicole Cunningham
Address of Property:
164 Mark Dowdle Road
Franklin, NC 28734
Deed of Trust:
Book : G-35 Page: 2384
Dated: Noember 5, 2012
Grantors: Ryan Eugene McHan and Jessica N. McHan
Original Beneficiary: State Employees' Credit Union
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1).
All that certain lot or parcel of land situated in Franklin Township, Macon County, North Carolina and more particularly described as follows: being all the lands, easements, privileges and appurtenances as are described in and conveyed by the Deed dated 25 March 1997, from Mavis M. Crow, unmarried to Samuel J. Hastings and wife, Deborah S. Hastings recorded in Deed book X-21 at pages 143-145, Macon County land registry, North Carolina , being more particularly described as follows: being and comprehending the identical lands, privileges, easements and appurtenances as are described in and conveyed by the Deed from Stanley W. Wittcop, widower, by and through his attorney-in-fact, Stanley S. Wittcop to Mavis M. Crow, dated April 27, 1995, recorded in book V-20, pages 1767-1769, records of Macon County, North Carolina, and being more particularly described as follows: being the same lands described in and conveyed by the deed from Ernie B. Sanders and Billy P. Sanders, to Stanley Wittkop, dated May 23, 1983, recorded in deed book C-1 5, page 178, Macon County public registry, and being described herein in accordance with a more recent survey prepared by C.L. Sprinkle as follows: beginning at an existing iron pip located in a mound of stones, marking the northwest corner of lot 4 of Long View Ridge as shown on the plat thereof recorded in cabinet 1, slide 65, page 7, Macon County registry, said iron pipe further being located south 44 degrees 27 minutes 30 seconds east 529.79 feet from a PK nail set at the intersection of the centerline of U.S. 23/441 with the centerline of North Carolina state road 1636, runs thence from said point of beginning with a line common to north slope estates, north 79 degrees 06 minutes 05 seconds east 145.00 feet to a point in the centerline of a 20 foot wide road of way, said point being the northwest corner of lots of Long View Ridge subdivision, said point further being a corner common to lot 19 and lot 22 of north slope estates; thence with the centerline of said right of way and the west boundary of lot 5, south 06 degrees 05 minutes 40 seconds east 225.30 feet to a point in the north margin of the right of way for North Carolina state road 1648; thence with the north margin of the right of way of said state road, north 85 degrees 44 minutes 50 seconds west 56.52 feet and north 81 degrees 51 minutes 25 seconds west 55.98 feet to a point, said point being located south 81 degrees 51 minutes 25 seconds east 38.45 feet from an aluminum right of way monument marking the north margin of the right of way for North Carolina state road 1648; thence leaving the state right of way, north 16 degrees 27 minutes 50 seconds west 192.38 feet to the point of beginning, containing .605 acres, more or less, and being described herein as surveyed by C.L. Sprinkle, registered land surveyor and as shown on his unrecorded plat (drawing 2414) dated February 25, 1994, party of the first part further conveys into party of the second part, her heirs, successors and assigns, the right to use in common with party of the first part, his heirs, successors and assigns, and all others who now have or hereafter acquire the right to us the same, the easement for a roadway 20 feet in width, the centerline of which forms the east boundary of the lands hereby conveyed. this conveyance is made subject to the 20 foot right of way hereinabove described to existing easements for public utilities.
Property address: 164 Mark Dowdle Road, Franklin, NC 28734
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Philip A. Glass, Substitute Trustee Nodell, Glass & Haskell, L.L.P.
Posted on 5/16/17