19 SP 186

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Roy L. Smith and Lois W. Smith, (Roy L. Smith and Lois W. Smith, Both Deceased) (Heirs of Lois W. Smith: Roger Dale Smith, Linda Moore and Unknown Heirs of Lois W. Smith) (Linda Moore, Deceased) (Heirs of Linda Moore: Unknown Heirs) to Meritha Browning, Trustee(s), dated the 11th day of February, 2003, and recorded in Book 546, Page 2245, in Haywood 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 Haywood 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 Justice Center in the City of Waynesville, Haywood County, North Carolina, or the customary location designated for foreclosure sales, at 2:30 PM on December 19, 2019 and will sell to the highest bidder for cash the following real estate situated in the County of Haywood, North Carolina, and being more particularly described as follows:

A certain tract or parcel of land in Beaver Dam Township, Haywood County, State of North Carolina, adjoining the lands of D.M. Clark and W.C. Worley and others, and bounded as follows, VIZ: Beginning at a stake, (formerly a White Oak), in Worley and Clark corner; and runs thence with the W.C. Worley line North 40 deg. West 116 feet to a poplar in old line; thence North 53 deg. 10' East 278 feet to a poplar; thence South 81 deg. East 190 feet to a stake (formerly a Black Oak); thence South 51 deg. 30' West 403.85 feet with the W.C. Worley line to the BEGINNING, containing 1.0 acres, more or less. Together with improvements located thereon; said property being located at 189 Vista View Road, Canton, North Carolina. Together with a right of way to spring, which lies northeast of the above described tract, and the right to use said spring. As per map and survey of Hugh K. Terrell, R.L.S., made May 4, 1959. By Fee Simple Deed from D.M. Clark and wife, Vicie Clark as set forth in Deed Book 177, Page 342, dated 05/08/1959 and recorded 05/22/1959, Haywood County Records, State of North Carolina.

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 prior 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.



c/o Hutchens Law Firm LLP

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068

Case No: 1277756 (FC.FAY)

No. 35209 December 4 and 11, 2019


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