NOTICE OF FORECLOSURE SALE
17 SP 72
NORTH CAROLINA, MITCHELL COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Albert Kaesler, Jr. to Commerce Southern Corporation, Trustee, for the benefit of TD Bank, N.A., which was dated February 3, 2014 and recorded on February 10, 2014 in Book RE 545 at Page 413, Mitchell County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 March 15, 2018 at 10:00 AM, and will sell to the highest bidder for cash the following described property situated in Mitchell County, North Carolina, to wit:
Situated in the Township of Poplar, County of Mitchell, and State of North Carolina: Beginning on an iron pin located N 44 Degrees 01 Minutes 57 Seconds E 1121.94 Feet from an old oak corner and runs thence N 67 Degrees 32 Minutes 26 Seconds W 310.99 Feet to a point in the center of a private gravel road; thence the same bearing 310.56 Feet to an iron pin in the Southern Boundary Line of Cacil M. Gause; thence N 43 Degrees 00 Minutes 35 Seconds E 281.26 Feet to an iron pin in the Boundary of Grantors; thence running with the Boundary of Grantors S 71 Degrees 45 Minutes 19 Seconds E 644.09 Feet to an iron pin; thence S 43 Degrees 30 Minutes W 332.89 Feet to the point of beginning, and being Tracts 2A and 2B as shown on a Plat of Survey of John E. Keen, RLS and Being Map No. 91-172-S. Tax Id NO: 0816-00-71-5837 Being the same property conveyed by Warranty Deed GRANTOR: Charles H. Wooten and wife, Elizabeth F. Wooten GRANTEE: Albert Kaesler, Jr. DATED: 05/21/2001 RECORDED: 05/21/2001DOC #/BOOK-PAGE: 336/105 Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 1283 Flat Branch Rd., Green Mountain, NC 28740. 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 Albert Kaesler, Jr. 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. The notice shall also state that 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. G.S. 45-21.16(b)(2) 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.
Cape Fear Trustee Services, LLC, Substitute Trustee Attorney J. Martin Page, NCSB No. 43852 Aaron Seagroves, NCSB No. 50979 PHONE: 803.509.5078 FAX: 803.753.9841
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