IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MELVIN GASAWAY AND ANGELA GASAWAY DATED JANUARY 20, 2006 AND RECORDED IN BOOK 323 AT PAGE 953 AND CORRECTED BY ORDER OF DEFAULT JUDGMENT FILED 10/06/2008 BOOK 366 PAGE 604 IN THE SWAIN COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 12:30PM on March 29, 2018 the following described real estate and any other improvements which may be situated thereon, in Swain County, North Carolina, and being more particularly described as follows:
BEING all of that 4.21 acre tract as described in a deed to Melvin Gasaway and Jeffrey Gasaway, said deed dated January 22, 1998, and recorded in Deed Book 211, Page 569, Swain County Registry.
Less and except the following two tracts:
Exception Tract No. 1:
BEGINNING at a point in the centerline of Yatt Creek Rd, NCSR 1168, being the southwestern corner of Gasaway (Book 266, Page 576), and running thence with said centerline the following five calls: N 14 31' 04" E 23.00 feet to a point; thence N 14 29' 05" E 50.31' to a point, thence N 16 07' 39" E 73.16' to a point; thence N 22 17' 04" E 97.28' to a point; thence N 29 02' 14" E 77.77' to a point, the southwestern corner of a leasehold to Verizon; thence with the Verizon leasehold, S 68 33' 18" E 158.90' to a 5/8" rebar set; thence S 14 34' 11" W 76.47' to a 5/8" rebar set by a walnut tree; thence S 18 18' 18" W 224.16' to a 5/8" rebar set in the old southern line of Gasaway; thence with said old line, N 75 16' 35" W 127.38' 5/8" rebar set; thence N 75 16' 35" W 50.16' to the point and place of BEGINNING, being 1.271 acres, more or less, and being a portion of the Gasaway tract. The above calls were taken from a survey entitled "Proposed Conveyance Gasaway to Joseph & Cylena Hughes", prepared by Sylvia E. Higdon.
Exception Tract No. 2:
BEING all of that 0.38 acre tract as described in a deed to Jeffrey Gasaway, said deed dated December 17, 2002, and recorded in Deed Book 266, Page 594, Swain County Registry.
TOGETHER WITH A Right of way easement across Exception Tract No. 1, 10 feet in width, over and upon the paved drive located along the southern portion of said Exception Tract No. 1, said easement to provide access for the property described herein to and from Hyatt Creek Road (SR 1168).
And Being more commonly known as: 1222 Hyatt Creek Rd, Bryson City, NC 28713
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Melvin Gasaway.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is February 23, 2018.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216