NOTICE OF FORECLOSURE SALE
NORTH CAROLINA, MITCHELL COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Bryan Scott McFalls and Ashley McFalls to Bill Chase, Trustee(s), which was dated January 8, 2009 and recorded on January 8, 2009 in Book 484 at Page 657 and rerecorded/modified/corrected on October 4, 2013 in Book 541, Page 623, Mitchell 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 September 28, 2018 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Mitchell County, North Carolina, to wit:
A 5.36 acre parcel of land located in the Grassy Creek Township of Mitchell County, North Carolina, described as follows:
BEGINNING at the Southwestern corner of the parcel at an existing iron pin, a common corner with Dean Pitman (Deed Book 213, Page 711), thence N 10 11'31" E 219.78 feet to an existing iron pin at the fence corner and a 16-inch locust; then N 43 11'50" E 237.29 feet to an existing iron pin; then N 43 11'50" E 49.12 feet to an existing iron pin; then N 35 23'10" E 92.80 feet to a set iron pin; then N 35 23'10" E 150.56 feet to an existing iron pin; then S 34 37'35" E 42.42 feet to an existing iron pin; then S 34 37'35 E 2.57 feet to a 32-inch maple at fence corner; then S 35 09'04" E 123.61 feet to a locust stump; then S 13 38'11" E 1.83 feet to a set iron pin; then S 13 38'11" E 55.57 feet to an existing iron pin; then S 13 55'45" E 84.47 feet to an existing iron pin; then S 13 49'20 E 252.97 feet to an existing iron pin; then S 13 49'20" E 2.02 feet to an unmarked point; then N 77 03'10" E 44.01 feet to a computed point; then N 87 20'28" E 41.21 feet to a computed point; then N 24 26'05" E 10.12 feet to a computed point; then N 58 14'23" E 52.39 feet to a computed point; then S 76 33'58" E 17.11 feet to a computed point; then N 73 00'22" E 16.59 feet to a computed point; then S 37 38'11" E 30.00 feet to a set iron pin; then S 37 38'11" E 63.64 feet to an existing iron pin at a 36-inch poplar; then S 78 10'16" W 247.15 feet to an existing iron pin; then S 84 41'30" W 264.00 feet to an existing iron pin; then S 89 57'00" W 285.09 feet to the point of BEGINNING containing 5.36 acres according to a survey by Keen Surveying, P.A. Map File No. 03- 131 MT, dated February 27, 2003.
ALSO CONVEYED herewith by the Grantors unto the Grantees, their heirs and assigns, are perpetual and non-exclusive easements and road rights of way to travel over and upon the existing private gravel drive leading to and from the hereinabove described premises and NCGS 1146, together with rights for ingress, egress and regress for purposes of maintaining, inspecting and repairing said roadways.
RESERVING unto the Grantors, their heirs and assigns, are perpetual and non-exclusive easements and road rights of way over, through and upon the existing private gravel driveway as it leads from NCGS 1146 to Grantors remaining property.
This conveyance is SUBJECT to road maintenance agreements in favor of First Union Mortgage Corp, Book 290, Page 170, Yancey Registry.
This conveyance is SUBJECT to road easement in favor of Jerry and Deborah Beam and Charles and Mary Yelton, Book 189, Page 71, Yancey Registry.
This conveyance is SUBJECT to any utility easements of record, including easement in favor of CP&L., Book 189, Page 517.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 41 Loop Road and 43 Loop Road, Spruce Pine, NC 28777.
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 Bryant Scott McFalls.
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.: 15-16356-FC02
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