STATE OF NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF SWAIN BEFORE CLERK 17 SP 16
In the Matter of Foreclosure
Of Claim of Lien filed against
Kelly Engineer and wife, Diana Engineer
under Power of Sale
NOTICE IS HEREBY GIVEN that by virtue of the power of sale contained in the Amended and Restated Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements for Smoky Mountain County Club Property and recorded in the Office of the Register of Deeds for Swain County, North Carolina, in Book 229 Page 919, as amended and pursuant to N.C. Gen. Stat. 45-21.16 and because of default in the payment of association assessments, the undersigned Trustee, Dorinda Watford shall on May 31, 2017, 10:30 a.m., at the door of the Swain County Courthouse, offer for sale at public auction to the highest bidder for cash, the following described property:
See Attached Exhibit A
The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash in the amount of five (5%) percent of the high bid up to Seven Hundred Fifty Dollars ($750.00) whichever is greater. The real property hereinabove described will be sold subject to all prior liens, unpaid taxes, restrictions and easements of record, tax liens and assessments. 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
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 upon 10 days written notice to the landlord. 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.
The sale will be held open for ten days for upset bids as by law required.
The record titleholders to said property, ten (10) days prior to posting of this Notice are Kelly Engineer and wife, Diana Engineer.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OF HAVE BEEN DISCHARGED AS A RESULT OF THE BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT FROM YOU PERSONALLY.
This the 5th day of May, 2017.
Dorinda Watford, Trustee
43 Foxden Drive, #203
Fletcher, NC 28732
Beginning at an a new iron pin, corner common to Woodville Associates, Ltd., now or former (Deed Book 220 at Page 642, Swain County Public Registry), and Conley Creek Limited Partnership, now or former, Lot 10 of Smoky Mountain Country Club (Deed Book 185 at Page 347, Swain County Public Registry), said beginning point being S 65-57-46 W 105.81 feet from an existing concrete monument found; thence with the line of Conleys Creek Limited Partership (Lot 10), S 07-59-59 E 126.50 feet to a nail set in the centerline of Eagle Ridge Circle, passing a new iron pin at 50.57 feet; thence with the centerline of Eagle Ridge Circle, N 88-23-52 W 52.64 feet to a point; thence S 83-43-08 W 46.69 feet to a point, corner common to Conley Creek Limited Partnership and Jade Development, LLC, now or former (Deed Book 193 at Page 19, and Deed Book 226 at Page 34, Swain County Public Registry); thence leaving the centerline of Eagle Ridge Circle, and with the line of Jade Development, LLC, N 03-01-06 W 105.84 feet to a new iron pin, corner common of Jade Development, LLC, and Woodville Associates, Ltd., passing a new iron pin at 22.48 feet; thence with the line of Woodville Associates, Ltd, N 81-15-24 E 53.99 feet to an existing concrete monument found; thence N 65-57-46 E 36.84 feet to the point of the Beginning, and being 0.24 acre, more or less, calculated by coordinate computation, as shown on the Boundary Survey for Smoky Mountain Country Club, Lot 9, revised, dated May, 1999, by William R. Howell, PLS (L-3514), Drawing No. R7-D50-00,3-10,000.
Subject to all easements, rights-of-way, restrictions and declarations of record,
And being the same property described in Deed Book 234, Page 325, Swain County, NC, Registry.
Dungan Law Firm
One Rankin Ave, 3rd floor
Asheville, NC 28801