AMENDED NOTICE OF FORECLOSURE SALE
17 SP 54
Under and by virtue of the power of sale contained in a certain Deed of Trust made by John J. Dobson and Cathryn M. Dobson, (John J. Dobson and Cathryn M. Dobson, both deceased) (Heirs of Cathryn M. Dobson: Jacque Deitz, John Christopher Dobson aka Chris Dobson and Unknown Heirs of Cathryn M. Dobson) to John Dillard, Esq, Trustee(s), dated the 5th day of January, 2012, and recorded in Book RE 519, Page 523, in Mitchell County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Mitchell County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Bakersville, Mitchell County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on January 12, 2018 and will sell to the highest bidder for cash the following real estate situated in the County of Mitchell, North Carolina, and being more particularly described as follows:
The land described herein is situated in the State of North Carolina, County of Mitchell, and is described as follows:
Being all of those 3 tracts described in a Deed to John H. Dobson and wife, Cathryn M. Dobson, said deed dated May 26, 1972 and recorded in Book 141, Page 329, Mitchell County Registry, less and except those exceptions noted in said deed. Together with improvements located thereon; said property being located at 155 Rogers Street, Spruce Pine, North Carolina.
Reference to said deed is hereby made for a more perfect description.
Parcel Number(s): 0799-09-07-7306
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
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.
Additional Notice for Residential 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 N.C.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 foreclosure 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 this 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
North Carolina 28311
Phone No: (910) 864-3068
Case No: 1222754 (FC.FAY)
#396205 - 1/3, 1/10/2018