Details for 19 SP 165 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, HAYWOODCOUNTY

Updated

19 SP 165

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, HAYWOODCOUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Robert Roy and Brenda Roy to Commonwealth Land Title Company, Trustee(s), which was dated March 22, 2005 and recorded on April 20, 2005 in Book 628 at Page 296, HaywoodCounty 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 December 19, 2019 at 2:00PM, and will sell to the highest bidder for cash the following described property situated in Haywood County, North Carolina, to wit:

THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE TOWNSHIP OF WAYNESVILLE, COUNTY OF HAYWOOD, AND STATE OF NORTH CAROLINA, TO WIT: BEGINNING AT AN IRON STAKE AT THE SOUTHWEST CORNER OF THE ELIZABETH CHAPEL ME. CHURCH LOT, AND RUNS THENCE N. 04-45-00 W. 252.00 FEET TO AN IRON STAKE; THENCE N. 85-45- 00 W. 226.40 FEET WITH AN OLD FENCE TO A STAKE IN THENCE NORTHEAST CORNER OF THE LANE ARRINGTON PROPERTY; THENCE WITH THE LANE ARRINGTON LINE S. 04-30-00 W. 366.60 FEET TO AN IRON STAKE; THENCE S. 85-30-00 E. 256.60 FEET TO AN IRON STAKE IN THE WESTERLY MARGIN OF A ROADWAY; THENCE WITH SAID ROADWAY N. 04-30-00 E. 256.60 FEET TO AN IRON STAKE IN THE WESTERLY MARGIN OF A ROADWAY; THENCE WITH SAID ROADWAY N. 04-30-00 E. 106.80 FEET TO THE BEGINNING, CONTAINING 2.0 ACRES, MORE OR LESS. BY FEE SIMPLE DEED FROM MATTHEW BERRY TURNER AND WIFE, AMY STILES TURNER AS SET FORTH IN DEED BOOK 577, PAGE 2452 AND RECORDED ON 10/28/2003, HAYWOOD COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 157 Elizabeth Chapel Rd, Waynesville, NC 28786.

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 Robert Roy and wife, Brenda Roy.

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

Substitute Trustee

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.: 19-10318-FC01

No. 35211 December 4 and 11, 2019

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