17 SP 53
NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Charles R. Perry and Ann Upshaw Perry a/k/a Ann Perry to Orville D. Coward, Jr., Trustee(s), which was dated September 26, 2006 and recorded on September 27, 2006 in Book R-30 at Page 1838 and rerecorded/modified/corrected on November 8, 2006 in Book V-30, Page 275, 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 July 28, 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 the deed dated December 10, 1999, from Springlake, LLC to Ann Upshaw Perry recorded in Book S-23 at Pages 193-195, Macon County Public Registry, and described therein as follows:
"BEING a portion of the real property described in and conveyed by the deed dated October 9, 1998, from Daniel H. Center, Jr. and wife, Barbara W. Center, individually and as Trustees, to SpringLake, LLC, recorded in Book X-22 at Pages 1470-1474, Macon County Public Registry, and being more particularly described as follows: COMMENCING at a point where the centerline of Easement and Right of Way Number Two as described in the above mentioned deed intersects the centerline of Easement and Right of Way Number Three, known as Mountain View Drive, as described in the above mentioned deed, said point of Commencement being a corner common to Osage Mountain Subdivision (Book F-7, Page 253, Macon County Public Registry, and Book U-7, Page 153, Macon County Public Registry), said point of commencement being the northeast corner of the lands described in the deed first hereinabove referred to; runs thence from said point of Commencement with the centerline of the said Easement and Right of Way Number Three, known as Mountain View Drive, as follows: South 20 degrees 40 minutes West 105.4 feet; South 15 degrees 08 minutes East 114.4 feet; South 23 degrees 12 minutes East 133.2 feet; South 02 degrees 31 minutes East 95.5 feet; South 39 degrees 06 minutes West 102.2 feet; and South 17 degrees 50 minutes West 90.06 feet to the point of BEGINNING of the lands herein described and conveyed; (the foregoing courses and distances are taken from a survey map by Woodrow W. Wilson, Registered Land Surveyor, dated June 9, 1988, revised March 2, 1999, drawing number L-L-1086); and runs thence from said point of Beginning continuing with the centerline of said Easement and Right of Way Number Three, known as Mountain View Drive, South 16 degrees 23 minutes 10 seconds East 90.60 feet; and South 41 degrees 55 minutes 10 seconds East 100 feet; runs thence with the northern boundary of Lot 32, South 76 degrees 43 minutes 50 seconds West passing an existing iron pipe at 408.70 feet, whole distance 433.70 feet to a point in Sunset Lake near the east bank thereof; runs thence through Sunset Lake near the east bank thereof, North 18 degrees 13 minutes 10 seconds West 203.50 feet to a point in Sunset Lake, the northwest corner of original Lot 31N; runs thence South 80 degrees 22 minutes 40 seconds East 29.92 feet to an existing iron pipe; runs thence North 75 degrees 07 minutes 25 seconds East 162.16 feet to a new iron rod, the same being situated from GPS station "Scaly" N:490,914.569 E:711,466.107, South 20 degrees 24 minutes 15 seconds East 4632.96 feet to said new iron rod; runs thence South 79 degrees 51 minutes 20 seconds East 102.11 feet to a new iron rod; runs thence North 51 degrees 20 minutes 55 seconds East 80.78 feet to a new iron rod; runs thence South 87 degrees 59 minutes 45 seconds East 43.58 feet to the point of BEGINNING, containing 1.71 acres, and being denominated Lot 31N Revised, Rocky Knob North Subdivision, as shown on a survey map by Woodrow W. Wilson, Registered Land Surveyor, dated December 6, 1999, drawing M1740. Being all of original Lot 31N and a portion of original Lot 30N, Rocky Knob North, as the configuration of said lots is shown on the survey map by Woodrow W. Wilson; Registered Land Surveyor, dated June 9, 1988, revised March 2, 1989, drawing L-L-1086.
"Grantor further conveys unto Grantee, her heirs, successors and assigns, the right to use in common with Grantor, its successors and assigns, and with all others who now have or may in the future acquire the right to use the same, Easement and Right of Way Number Three, Easement and Right of Way Number Four, and Easement and Right of Way Number Five as described in the above mentioned deed recorded in Book X-22 at Pages 1470-1474, Macon County Public Registry, to which reference is hereby made for a full and complete description.
"Subject to easements for existing roadways and utility lines and facilities and to restrictive covenants of record.
"Grantor further conveys unto Grantee, her heirs, successors and assigns, the right to take an undivided portion of the flow of water produced by the spring water system located near the southeast corner of the lands described in said deed recorded in Book X-22 at Pages 1470-1474, Macon County Public Registry, for residential use in one single family dwelling, including the right to install water lines from said spring water system to the above described lands in locations approved by Grantor, which approval shall not be unreasonably withheld; together with the right to go upon the lands in the vicinity of the spring water system and water lines for the purpose of inspecting, maintaining, replacing and repairing same. Grantor reserves unto itself, its successors and assigns, the common right to use said spring water system and water line and to convey the same to any number of other uses. The parties agree that all residences connected to the spring water system shall pay their fair and proportionate share of the costs of maintenance and upkeep of the spring water system, said share to be based upon the number of users thereof."
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 212 Mountain View Drive, Scaly Mountain, NC 28775.
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 Ann Upshaw Perry.
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.: 17-01794-FC01