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AMENDED NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Gladys Evelyn Adams to First American Title Insurance Company, Trustee(s), which was dated August 10, 2005 and recorded on August 15, 2005 in Book 00311 at Page 0884, Swain County 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 June 22, 2017 at 11:00AM, and will sell to the highest bidder for cash the following described property situated in Swain County, North Carolina, to wit:
This exhibit is the property description to a deed of trust from Adams for the benefit of H&R Block Mortgage Corporation. The property conveyed is in the Brush Creek Community, Nantahala Township, Swain County, North Carolina, and is shown on a map of a survey by Herron Associates, PA, dated June 21,2005, entitled 'Gladys E Adams', drawing number 8 10-541-B, and contains 0,569 acres, more or less. That map is incorporated by reference into this description.
The property is a portion of the property conveyed in a deed from Sue Ann Neumeyer to Gladys Evelyn Adams, dated May 25,1999 and recorded in the Swain County Registry in Deed Book 225, at page 52, hereafter the parent tract.
The property is more particularly described from the referenced map BEGINNING on an existing iron in the line of Smith (DB 146-356) that lies N 20-17-34 W 20.00 feet from the centerline of Brush Creek. And from the point of beginning, with the line of Smith, S 20-17-34 E 20.00 feet to a point in the centerline of Brush Creek. Then with the centerline of Brush Creek, N 14-02-45 E 13.47 feet; N 42-18-09 E 110.38 feet; N 57-47-19 E 93.67 feet; and N 45-34-10 E 102.43 feet. Then leaving the centerline of Brush Creek, and as a new line of severance from the parent tract, N 47-11- 25 W 68.15 feet; and N 45-29-44 W 57.30 feet; and N 31-58-14 W 10.85 feet to a point in the centerline of NCSR 1 133. Then with the centerline of NCSR 11 33, along the arc of a curve to the left having a radius of 514.00 feet, a chord bearing and distance of S 19- 03-34 W 50.27 feet and an arc distance of 50.29 feet to a point; S 16-15-22 W 23.26 feet; along the arc of a curve to the right having a radius of 90.00 feet, a chord bearing and distance of S 29-37-59 W 41.64 feet and an arc distance of 42.02 feet to a point; S 43-00-36 W 26.95 feet; along the arc of a curve to the left having a radius of 1097.00 feet, a chord bearing and distance o f S 39-33-12 W 132.29 feet and an arc distance of 132.37 feet to a point; S 36-05-48 W 9.44 feet; and along thc arc of a curve to the right having a radius of 183.00 feet, a chord bearing and distance of S 37-49-17 W 11.01 feet and an arc distance of 11.01 feet to a point at a corner of Smith (DB 146-356). Then leaving the centerline of NCSR 1 133, and with the line of Smith, S 20-13-38 E 20.01 feet to an existing iron; and S 20-17-34 E 32.43 feet to the BEGINNING.
This deed is granted subject to the easement for NCSR 1133.
Title to the property conveyed is subject to easements, restrictions and rights of way of record and utility lines and rights of way in existence over, under or upon the property conveyed by this deed.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 3004 Brush Creek Road, Bryson City, NC 28713.
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 All Lawful Heirs of Gladys Evelyn Adams.
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
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.: 16-19405-FC01