EASTERN BAND OF CHEROKEE INDIANS
CHEROKEE TRIBAL COURT
16 CV 606
IN THE MATTER OF THE FORECLOSURE OF A LEASEHOLD DEED OF TRUST EXECUTED BY CATHERINE LAMBERT AND BRENT LAMBERT DATED OCTOBER 10, 2002 AND RECORDED IN BOOK XXV, PAGE 74, MISCELLANEOUS DOCUMENTS OF THE CHEROKEE AGENCY, DIVISION OF REAL ESTATE SERVICES, BUREAU OF INDIAN AFFAIRS, AND ALSO RECORDED IN BOOK 263, PAGE 992, SWAIN COUNTY REGISTRY TO KEVIN L. WELLS, TRUSTEE.
THIRD NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in that certain deed of trust executed by CATHERINE LAMBERT AND BRENT LAMBERT dated October 10, 2002 to KEVIN L. WELLS, Trustee for FIRST-CITIZENS BANK & TRUST COMPANY, recorded in Book XXV, Page 74, Miscellaneous Documents of the Cherokee Agency, Division of Real Estate Services, Bureau of Indian Affairs, and also recorded in Book 263, Page 992, Swain County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Tribal Court; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property interest conveyed in said deed of trust, the same lying and being on the Cherokee Indian Reservation and State of North Carolina, and more particularly described as follows:
3200 acre tract community parcel No. 81 (Lot No. 3 of Parcel NO. 6)
Beginning on Marker No. 1375 set on the 3200 acre tract, on the N side at the base of a 24" White oak tree, on top of a low ridge, and is the SE corner to Parcel No. 5 and the NE corner to Parcel No. 19. Thence leaving Parcel No. 5 and running with Parcel No. 19, S 22 28' E 35.00' to an iron pipe, the NW corner to Parcel No. 70. Thence leaving Parcel No. 19, and running with Parcel No. 70, N 76 18' E 325.00' to an iron pipe. Thence leaving Parcel No. 70 and running N 11 21' W 139.34' to an iron pipe, set on the S property boundary of Parcel No. 67. Thence running with Parcel No. 67, S 86 29' W 145.00' to an iron pipe, set on the E property boundary of Parcel No. 5. Thence leaving Lot No. 3 and running with Parcel No. 5, S 12 32' W 168.90' to the point of beginning, containing 1.15. acres, more or less, together with all improvements located thereon.
Together with an access road R/W 15' in width over the following described center line:
Beginning on a point set on 3200 acre tract, on the property boundary between Parcel No. 81 and Parcel No. 70 and, N 76 18' E 13.46' from an iron pipe and is in the center of an access road. Thence leaving Parcel No. 81 and running with the CL of the road within Parcel No. 70, S 15 06' E 82.30' to a point. Thence leaving Parcel No. 70 and running within Parcel No. 19 and continuing with the CL of the road the following courses and distances: S 05 54' W 75.61' to a point; S 71 17' W 24.48' to a point; N 56 36' W 163.76' to a point, N 89 24' W 291.92' to a point set in the center of State Road No. 1169 and end of Traverse, leaving Parcel No. 19 at 65.00' and running within Parcel No. 5 to the CL of the State Road. (0.219)
PROPERTY ADDRESS/LOCATION: 191 Amy Walker Rd. Cherokee NC 28719
DATE OF SALE: April 28, 2017
TIME OF SALE: 10:30 A.M.
LOCATION OF SALE: Cherokee Agency of the Bureau of Indian Affairs, Reservation of the Eastern Bank of Cherokee Indians, Cherokee, North Carolina.
RECORD OWNER(S): Brent Lambert
TERMS OF THE SALE:
(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.
(2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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.
(6) An order for possession of the property being sold may be issued pursuant to Sec. 45-24 of the Tribal Code of Ordinances in favor of the purchaser and against the party or parties in possession.
(7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagees attorney, or the Substitute Trustee.
(8) The property interest being sold is subject to limitations regarding possession and transfer under federal and Tribal law. Further the property interest being sold may be subject to levy and special assessments and the property interest is being sold subject to any levies or special assessments.
(9) The property interest being sold is subject to any rights granted to or retained by the Eastern Band of Cherokee Indians.
NOTE: This notice is to replace the Second Notice of Foreclosure Sale filed on February 10, 2017. The sale of the property will take place as set forth herein.
This the 30th day of March, 2017.
SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.
Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 Fax: (919)250-2211