NOTICE OF FORECLOSURE SALE
16 SP 71
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Eloise Ledford, a single woman and Margie L. Ledford, a single woman, (Eloise Ledford and Margie L. Ledford, both deceased)(Heirs of Eloise Ledford: Rita L. Burleson, Jerry T. Ledford, Roy Keith Ledford, Kathleen L. Mckinney, Elizabeth L. Poteat and Unknown Heirs of Eloise Ledford) to Michael Lyon, Trustee(s), dated the 17th day of March, 2014, and recorded in Book RE 546, Page 284, in Mitchell 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 Mitchell 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 Bakersville, Mitchell County, North Carolina, or the customary location designated for foreclosure sales, at 3:00 PM on June 2, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Mitchell, North Carolina, and being more particularly described as follows:
Tax ID Number(s): 0863-07-59-7212
Land Situated in the Township of Bakersville in the County of Mitchell in the State of NC.
Beginning on a stake at the mouth of the Bowman Branch and runs up with said branch and with W. L. Lamberts line 8 poles to a stake in said branch; thence North 80 1/2 pole to a stake in R.J. Young's line; thence South 50 E with his line 2 poles to said R.J. Young's corner; thence North 45 E with his line and lines of town lots 181/2 poles to the first corner of Lot No. 3 near the lower corner of the Bowman brick office at the public road; thence South 85 East about 2 1/2 poles to a stake in the line of the R. Garland lot; thence South 40 West with said line and the old road 19 1/2 poles to a stake in said road; thence South 30 East with W.L. Lamberts line 4 poles to a buckeye on the North bank of Cane Creek, his corner; thence South 65 West down with Cane Creek 9 1/2 poles to the beginning. This Deed is intended to convey all of Bakersville Town Lots Nos. 1,2,3, and 4, and a part of Lot No. 5 which lies on the North side of the Bowman branch as described in a deed to H.L. Buchanan and Wife Emma Buchanan from John C. McBee. Together with improvements located thereon; said property being located at 86 North Highway 226, Bakersville, North Carolina.
Less and except that portion of said land heretofore conveyed to Ethel G. Wilson by deed of record in Book 130 at Page 521 Mitchell County Registry.
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 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 Real Property
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
P.O. Box 1028
4317 Ramsey Street
North Carolina 28311
Phone No: (910) 864-3068
Case No: 1202429 (FC.FAY)
#342861 - 5/17, 5/24