Thursday, January 9, 2020
19 SP 14
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Richard M. Hughes and Elizabeth J. Hughes aka Elisabeth J. Hughes, (Richard M. Hughes and Elizabeth Hughes aka Elizabeth J. Hughes aka Elisabeth J. Hughes, both deceased)(Heirs of Elizabeth Hughes aka Elizabeth J. Hughes aka Elisabeth J. Hughes: Jenny Cucumber Bean, Jacqueline Cucumber, Eddie Cucumber and Unknown Heirs of Elizabeth Hughes aka Elizabeth J. Hughes aka Elisabeth J. Hughes)(Jacqueline Cucumber and Eddie Cucumber, both deceased)(Heirs of Jacqueline Cucumber: Aaron Bradley, Elizabeth Ann Cucumber and Unknown Heirs of Jacqueline Cucumber) (Heirs of Eddie Cucumber: Natasha Cucumber, Chet William Chubonie and Unknown Heirs of Eddie Cucumber) (Elizabeth Ann Cucumber, deceased)(Heirs of Elizabeth Ann Cucumber: Unknown Heirs of Elizabeth Ann Cucumber) (PRESENT RECORD OWNER(S): Richard M. Hughes and Elizabeth Hughes) to Jane Grahl, Trustee(s), dated the 28th day of November, 2008, and recorded in Book 00369, Page 0315, in Swain County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Swain County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Bryson City, Swain County, North Carolina, or the customary location designated for foreclosure sales, at 2:00 PM on January 23, 2020 and will sell to the highest bidder for cash the following real estate situated in the Township of Charleston, in the County of Swain, North Carolina, and being more particularly described as follows:
All that certain lot or parcel of land situated in the City of Charleston Township Swain County, North Carolina and more particularly described as follows: Lying and being in Hughes Branch Community Charleston Township, Swain County, North Carolina. Beginning at a red plastic stake replaced by iron on top of the ridge in the line of Cooper and Davis, now or formerly, and thence from said beginning point, with the fence line and with the line of said Cooper and Davis, North 28-21-49 West 152.58 feet to an iron pipe set; thence North 34-18-44 West 133.20 feet to an iron pipe set; thence, with the line of Newman Inc. of Bryson City (Deed Book 114 at Page 40, Swain County Registry), North 44-01-00 East 527.12 feet to an existing iron pipe; thence North 45-57-34 East 27.33 feet to an existing iron pipe; thence North 44-24-02 East 185.25 feet to an iron pin set; thence North 40-14-50 East 108.44 feet to an existing iron pipe; thence North 29-44-01 East 53.22 feet to an iron pipe set; thence North 37-42-02 East 71.28 feet to an iron pipe set; thence North 37-42-02 East 21.50 feet to a point in the centerline of Hughes Branch Road, N.C.S.R. 1152; thence with the centerline of said Hughes Branch Road, South 54-49-59 East 8.08 feet to a point; thence with the line of Richard A. Hughes, South 29-37-00 West 86.98 feet to a point; thence South 52-49-00 East 115.77 feet to a point; South 47-35-00 West 20.00 feet to a point; thence South 47-35-00 West 83.14 feet to a point thence North 52-23-00 West 52.77 feet to a point; thence South 22-59-00 West 76.83 feet to a point; thence South 49-26-00 West 35.68 feet to a point; thence South 23-34-35 West 77.56 feet to a point; thence South 11-40-53 West, 100.16 feet to a point; thence South 04-58-47 East 150.65 feet to a point; thence South 21-54-50 West 66.68 feet to an iron pipe set; thence, with the line of Hutchins, now or formerly, South 47-08-22 West 462.30 feet to the point and place of beginning and being a 4.616 acre, more or less, tract or land, as set forth on a plat and survey dated June 15, 1995 by James T. Herron, R.L.S., entitled Richard A. Hughes. Less and except all that subject property conveyed from Richard N. Hughes and wife, Elizabeth Janet Hughes, to Gary Stephen Cooper and wife, Gail S. Cooper, recorded 06/27/1995, in Deed Book 192, Page 73, described as; lying and being in Hughes Branch Community, Charleston Township, Swain County, North Carolina. Beginning at a red plastic stake replaced by iron on top of the ridge in the line of Cooper and Davis, now or formerly, and thence from said beginning point with the fence line and with the line of said Cooper and Davis, N. 28-21-49 W. 152.88 feet to an iron pipe set; thence N. 34-18-44 W. 433.20 feet to an iron pipe set; thence, with the line of Newman, Inc., of Bryson City (Deed Book 114 at Page 40, Swain County Registry), N. 44-01-00 E. 457.69 feet to an iron corner at fence; thence, with a new line, E. 33-02-09 E. 308.90 feet to an iron pipe set in the branch; thence, with the line of Hutchins, now or formerly, S. 47-08-22 W. 462.30 feet to the point and place of beginning and being a 3.040 acre, more or less tract of land, as set forth on a plat and survey dated June 15, 1995 by James T. Herron, R.L.S., entitled "Richard A. Hughes," there is also conveyed a right of way and easement for a road twelve feet in width the northeastern line of which is described as follows: Beginning at an iron corner in fence the line of Newman, Inc., of Bryson City (Deed Book 114 at Page 40, Swain County Registry) and thence from said beginning point, with the line of said Newman, Inc., N. 44-01-00 E. 69.43 feet to an existing iron pipe; thence N. 45-57-34 E. 27.33 feet to an existing iron pipe; thence N. 44-24-02 E. 185.25 feet to an iron pin set; thence N. 40-14-50 E. 108.44 feet to an existing iron pipe; thence N. 29-44-01 E. 53.22 feet to an iron pipe set; thence N. 37-42-02 E. 21.50 feet to apoint in the centerline of Hughes Branch Road, N.C.S.R. 1152. Tax ID: 667310452945 Together with improvements located thereon; said property being located at 370 Hughes Branch Road, Bryson City, North Carolina.
Being the same property conveyed from Rose Ann T. Hughes, to Richard M. Hughes, recorded 01/27/1995, in Deed Book 190, Page 201, being the same fee simple property conveyed by General Warranty Deed from Rose Ann T. Hughes, Phillip Hughes and wife, Geneva L. Hughes to Richard M. Hughes and Elizabeth Hughes, dated 06/26/1995 recorded on 06/26/1995 in Book 192, Page 69 in Swain County Records, State of NC. NOTE: See Last Will and Testament of Rose Ann Thomas Hughes, filed 04/12/2002. in Estate # 02-E-11.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308(a)(1).
The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance AS IS, WHERE IS. Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential
An order for possession of the property may be issued pursuant to N.C.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 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 not more than 90 days, after the sale date contained in this notice of 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
c/o Hutchens Law Firm LLP
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
Phone No: (910) 864-3068
Case No: 1265697 (FC.FAY)