18 SP 63
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 Stephen A. Lyon and Lori A. Lyon to MTNBK, LTD, Trustee, for the benefit of Carolina First Bank, which was dated October 16, 2007 and recorded on October 18, 2007 in Book 465 at Page 921, 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 14, 2019 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:
Beginning at an axle in the line of Sparks and Ballew (Deed 141, Page 231); said iron pin also being located S 61 43 42 W 188.18 feet from a modified A Frame (tie line); said iron pin also located S 81 01 13 W 421.14 feet from a concrete monument. and S 12 12 27 W 661.46 feet from a concrete monument (tie line); thence running with the centerline of Red Bird Road, N 28 31 50 E 197.51 feet to an unmarked point in the line of Mildred H. Benz (Deed Book 144, Page 99-A); thence leaving the Sparks and Ballew line and with the Benz line. N 57 18 12 E 90.85 feet to an unmarked point; thence leaving the centerline of Red Bird Road and running with the line of Lot 19, S 47 3910 E 87.53 feet to an unmarked point; said point also being N 38 28 33 E 54.54 feet from a modified A Frame (tie line); thence S 85 59 25 E 72.63; S 85 59 25 E 90.00 feet to an iron pin, corner to Lot 22; thence leaving the line of Lot 19 and running with the line of Lot 22 S 85 59 25 E 17.64 feet to an unmarked point in the center line of Woodpecker Drive common corner to Lot 22 and Lot 21; thence leaving the line of Lot 22 and running with the line of Lot 21, S 08 03 40 W 12.30 feet; S 41 32 00 W 41.92 feet; and S 52 33 00 W 50.61 feet; thence leaving the centerline of Woodpecker Drive and running S 24 42 40 E 30.00 feet; S 24 4240 E 34.24 feet; S 24 42 40 E 30.00 feet (total of 94.24 feet) to a point in the centerline of Fox Run; thence leaving the line of Lot 21 and running S 66 10 30 W 43.28 feet; S 36 06 30 W 33.65 feet to a point in the Benz line; thence N 78 15 40 W 140.24 feet; thence leaving the Benz line and running with the Sparks and Ballew line; N 82 25 20 W 189.93 feet to the point of the Beginning, containing 1.55 acres, and being designated as Lot 20 Grassy Creek Township, Mitchell County, North Carolina. Surveyed and Platted by Millers Surveying, RLS No. 1445, dated 5/31/96, bearing map no. 75169-01E.
There is also conveyed herewith a perpetual, non-exclusive, appurtenant easement and right of way for the use of Fox Run together with all other private roads in the Fox Fire Subdivision for access to and from said lands from U.S. Highway 19E.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 262 Red Bird 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 any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Stephen A. Lyon and Lori A. Lyon.
An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. 45-21.29, in favor of the purchaser and against the party or parties 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. 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 [N.C. Gen. Stat. 45-21.16(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.
Bell Carrington Price & Gregg
5550 77 Center Drive
Charlotte NC 28217
Ad# 491559 3/6,3/13