Thursday, July 30, 2020
20 SP 2
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Robert L. Kraft to The Law Offices of Daniel A. Fulco, PLLC, Trustee(s), which was dated December 15, 2006 and recorded on December 15, 2006 in Book 00339 at Page 0180, 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 August 11, 2020 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Swain County, North Carolina, to wit:
BEGINNING AT A POINT IN THE CENTERLINE OF HIGHWAY 28 IN A CORNER OF EARLEY (BOOK 148, PAGE 474), NOW OR FORMERLY, AND THENCE FROM SAID BEGINNING POINT, WITH THE LINE OF SAID EARLEY, SOUTH 24 DEG. 08 MIN. 55 SEC. WEST 65.61 FEET TO A 1 INCH IRON FOUND; THENCE SOUTH 40 DEG. 49 MIN. 52 SEC. WEST 246.62 FEET TO AN IRON SET ON TOP OF THE RIDGE; THENCE WITH THE TOP OF THE RIDGE, NORTH 89 DEG. 40 MIN, 01 SEC. WEST 93.33 FEET TO A POINT; THENCE SOUTH 77 DEG. 27 MIN. 53 SEC. WEST 59.05 FEET TO A POINT; THENCE SOUTH 57 DEG. 32 MIN. 28 SEC. WEST 76.30 FEET TO A POINT; THENCE SOUTH 58 DEG. 02 MIN. 32 SEC. WEST 112.04 FEET TO AN AXLE FOUND, THENCE, WITH A NEW LINE, NORTH 0 DEG. 53 MIN. 51 SEC. EAST 270.25 FEET TO AN AXLE FOUND; THENCE, WITH THE LINE OF RUSSELL HENSEN (BOOK 193, PAGE 165), NOW OR FORMERLY, NORTH 86 DEG. 37 MIN. 08 SEC. EAST 375.45 FEET TO AN IRON SET, THENCE NORTH 19 DEG. 47 MIN. 52 SEC. EAST 56.97 FEET TO AN IRON SET; THENCE NORTH 19 DEG. 47 MIN, 52 SEC. EAST 41.37 FEET TO A POINT IN THE CENTERLINE OF HIGHWAY 28; THENCE, WITH THE CENTERLINE OF HIGHWAY 28, SOUTH 67 DEG. 19 MIN. 53 SEC. EAST 10.03 FEET TO A POINT; THENCE SOUTH 73 DEG. 28 MIN, 24 SEC. EAST 56.93 FEET TO A POINT; THENCE SOUTH 75 DEG. 21 MIN. 53 SEC. EAST 23.08 FEET TO THE POINT AND PLACE OF BEGINNING AND BEING A 1.896 ACRE, MORE OR LESS, TRACT OF LAND AS SET FORTH ON A PLAT AND SURVEY DATED SEPTEMBER 8, 2006 BY SYLVIA E. HIDGON, PLS, ENTITLED "WILLIAM & REBECCA MARR", DRAWING# 1121-856-B.
TOGETHER WITH A NON-EXCLUSIVE RIGHT OF WAY AND EASEMENT FOR A ROAD 15 FEET IN WIDTH THE CENTERLINE OF WHICH IS THE CENTERLINE OF THE 8 FOOT WIDE PAVED DRIVE WHICH LEAVES THE NORTHERN/NORTHWESTERN BOUNDARY LINE OF THE ABOVE-DESCRIBED TRACT AND CONTINUES ACROSS THE LANDS OF MARR, NOW OR FORMERLY, FROM HIGHWAY 28 AS THE SAME NOW EXIST AS MORE PARTICULARLY SET FORTH ON SAID PLAT AND SET OUT IN DEED BOOK 334, PAGE 471, SWAIN COUNTY REGISTRY.
TOGETHER WITH A NON-EXCLUSIVE RIGHT OF WAY AND EASEMENT FOR A ROAD 15 FEET IN WIDTH THE CENTERLINE OF WHICH IS THE CENTERLINE OF THE EXISTING 8 FOOT WIDE SOIL ROAD WHICH TRAVELS THROUGH THE LANDS OF MARR, NOW OR FORMERLY, FROM HIGHWAY 28 TO THE SOUTHWESTERN BOUNDARY LINE OF THE ABOVE-DESCRIBED TRACT AND TO THE BARN ON THE ABOVE-DESCRIBED TRACT AS THE SAME NOW EXIST AS MORE PARTICULARLY SET FORTH TON SAID PLAT AND AS SET OUT IN DEED BOOK 334, PAGE 471, SWAIN COUNTY REGISTRY.
SUBJECT TO A RIGHT OF WAY AND EASEMENT FOR A ROAD 15 FEET IN WIDTH THE CENTERLINE OF WHICH IS THE CENTERLINE OF THE EXISTING 10 FOOT WIDE GRAVEL ROAD THROUGH THE WESTERN PORTION OF THE ABOVE-DESCRIBED TRACT AS MORE PARTICULARLY SET FORTH ON SAID PLAT AND SET OUT IN DEED BOOK 334, PAGE 471, SWAIN COUNTY REGISTRY,
TOGETHER WITH AND SUBJECT TO THE USE AND USE OF OTHERS IN AND TO THE FIFTEEN FOOT RIGHT OF WAY AS SET OUT IN BOOK 173, PAGE 282, SWAIN COUNTY REGISTRY.
SUBJECT TO THE RESTRICTIONS AND CONDITIONS AND AFFIRMATIVE OBLIGATIONS AS SET OUT IN DEED BOOK 334, PAGE 471, SWAIN COUNTY REGISTRY.
BEING THE SAME PROPERTY AS DESCRIBED IN A DEED DATED SEPTEMBER 11, 2006 FROM WILLIAM D. MARR AND WIFE, BECKY MARR TO GAYANNE ROBERTS, RECORDED IN BOOK 334, PAGE 471, SWAIN COUNTY REGISTRY.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 5130 Highway 28 South, 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 Robert L. Kraft.
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