Special Proceedings No. 19 SP 17
Substitute Trustee: Philip A. Glass
Date of Sale: September 16, 2019
Time of Sale: 10:00 a.m.
Place of Sale: Swain County Courthouse
Description of Property: See Attached Description
Record Owners: John Synder, aka John Lewis Snyder
Address of Property: 5232 Grassy Branch Road (PIN 665301485399) and 5224 Horse Branch Road (665301479902)
Bryson City, NC 28713
Deed of Trust:
Book : 451 Page: 495
Dated: August 23, 2017
Grantors: John Snyder, Single
Original Beneficiary: State Employees' Credit Union
CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real property with less than 15 rental units, including single-family residential real property: 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 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 not 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. 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.
Dated: 8/19/19Philip A. Glass, Substitute TrusteeNodell, Glass & Haskell, L.L.P.
Posted on 8/19/19
This exhibit is the property description to a deed of trust from Snyder for benefit of State Employees Credit Union. The property conveyed is an Nantahala Township, Swain County, North Carolina and is the 13.602 acre tract, more or less, and the 2.074 acre tract, more or less, as shown on a plat of survey prepared by William R. Howell titled Margie C. Scott, dated August 31, 2011, identified with drawing number 2720-2211-B, and recorded in Plat Cabinet 4, Slide 3208 Swain County Registry (Survey).
The property conveyed is all of the land described in the following four deeds:
A deed from Roger D. Cottrill and wife, Rhonda D. Cottrill to Margie C. Scott, dated December 2, 2010, and recorded in Book 392, Page 114, Swain County Registry.
A deed from Betty Jo Cottrill, widow, to Margie C. Scott, dated December 2, 2012, and recorded in Book 392, Page 893, Swain County Registry.
A deed from Betty Jo Cottrill, widow, to Margie C. Scott, dated December 2, 2010, and recorded in Book 392, Page 896, Swain County Registry.
A deed from Roger D. Cottrill and wife, Rhonda D. Cottrill, to Margie C. Scott, dated December 2, 2010, and recorded in Book 392, Page 898, Swain County Registry.
This conveyance is benefitted by an easement for the soil road crossing the lands of Lee, as more particularly shown on the survey, and as granted to Nations in deed recorded in Book 129, Page 637, Swain County Registry.
This conveyance is benefitted by the easement for spring water rights described in Book 129, page 637, Swain County Registry, said spring being located within the Pelohi Cove Development.
This conveyance is benefitted by an easement for the soil road leading from the public road, Grassy Branch Road, to the property conveyed, as reserved unto the grantor in a deed from Maney to Smith recorded in Book 164, Page 41, Swain County Registry.
The Grantor previously conveyed the Deed Overlap area shown on the Survey to Timothy S. Vincent and wife, Irene D. Vincent, by deed dated March 10, 2014, and recorded in Book 421, Page 450, Swain County Registry. This conveyance does not include the deed overlap area.
5232 Grassy Branch Road, Bryson City, NC (PIN 665301485399)
5224 Horse Branch Road, Bryson City, NC (665301479902)
Nodell, Glass & Haskell
5540 Centerview Dr #416
Raleigh, NC 27606