Legals

Legals
EST BRUCE BOBBY SHULER ...

ADMINISTRATOR'S NOTICE

Having qualified as Administrator of the estate of Bruce Bobby Shuler, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 1st day of May, 2017 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 1st day of February 2017.

Harrietta H. Shuler (Administrator)
405 Floyd Shuler Road
Franklin, NC 28734
02/01/2017-02/22/2017 #315434

Legals
EST ROSE A. CLARK ...

NOTICE TO CREDITORS

Having qualified as the Co-Personal Representatives of the Estate of Rose A. Clark, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 10th day of May 2017, or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 8th day of February 2017.

Gary A. Clark
Doyle P. Clark
Co-Personal Representatives

Joseph M. Collins
Collins & Hensley, P.A.
Attorney for the Estate
217 Iotla Street
Franklin, North Carolina 28734
02/08/2017-03/01/2017 #317231

Legals
EXECUTOR'S NOTICE HAVING ...

EXECUTOR'S NOTICE

Having qualified as Co-Executors of the estate of Bessie D. Barnes, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 8th day of May, 2017 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 8th day of February 2017.

Jane English (Co-Executors)
266 Persimmon Cr. Rd.
Clayton, Ga. 30525

Carol Frady (Co-Executors)
38 Deerfield Drive
Clayton, Ga. 30525

Fred H. Barnes (Process Agent)
11 Dryman Ridge Road
Scaly Mtn., NC 28775
02/08/2017-03/01/2017 #317317

Legals
1192205-STOCKWELL ...

NOTICE OF
FORECLOSURE SALE
16 SP 108

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Linda E. Stockwell and David C. Blaine (PRESENT RECORD OWNER(S): David Blaine) to A. Grant Whitney, Trustee(s), dated the 7th day of October, 2008, and recorded in Book CRP P-32, Page 1822, and Modification in Book CRP L-36, Page 1378, in Macon 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on March 2, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Macon, North Carolina, and being more particularly described as follows:
Being all the same lands, premises, easements, privileges and appurtenances as are described in and conveyed by the Deed from West Macon Fire and Rescue, Inc. to David C. Blaine and wife, Linda E. Stockwell, dated October 7, 2008, recorded in Deed Book P-32, Pages 1819-1821, Macon County Registry, to which Deed reference is hereby made for a more complete and accurate description of the lands hereby conveyed. Together with improvements located thereon; said property being located at 46 Ben Lenoir Road, Franklin, North Carolina.

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.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1192205 (FC.FAY)
02/15/2017-02/22/2017 #310917

Legals
1199930-BENEDICT ...

NOTICE OF
FORECLOSURE SALE
17 SP 10

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Paul A. Benedict to The Fidelity Company, Trustee(s), dated the 7th day of May, 2007, and recorded in Book I-31, Page 1146, in Macon 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on March 2, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Macon, North Carolina, and being more particularly described as follows:
BEING ALL OF the property conveyed from Clyde Bingham and wife Margie Bingham, to Stanley B. Clarke, by deed dated 4 October 1982, recorded in Book 8-14, Page 199, Macon County Land Registry and being a portion of the property shown on the plat recorded in Plat Cabinet 1, Slide 249, Page 2, Macon County Land Registry.
BEGINNING at an existing iron rod on the north margin of Ulco Drive, said existing iron rod being the southernmost corner of the property shown on the plst recorded on flat Cabinet 1, Slide 249, Page 2, Macon County Land Registry above referred to; runs thence form said point of BEGINNING, end with the Higdon line and with a fence line, North 16 degrees 55 minutes 50 seconds West 262.89 feet to an iron pipe set in a fence line, thence with a severance line through the property of Clarke, North 82 degrees 43 minutes 54 seconds East 157.00 feet to an iron pipe set in the west margin of Ulco Drive thence with the west margin of Ulco Drive as follows, South 09 degrees 36 minutes 39 seconds teat 116.70 feet to an existing iron rod, thence South 00 degrees 41 minutes 45 seconds last 49.99 feet to an existing iron rod; thence South 29 degrees 19 minutes 27 seconds West 49.88 feet to an existing iron rod; thence South 52 degrees 39 minutes 41 seconds West 54.90 feet to an existing iron rod; thence South 45 degrees 00 minutes 55 seconds West 41.27 feet to the point of the BEGINNING. Containing 0.70 of an acre according to an unrecorded plat dated 7 May 2002, prepared from a survey by Smoky Mountain Land Surveying, P.A.. Together with improvements located thereon; said property being located at 119 Ulco Drive, Franklin, North Carolina.
THE GRANTOR further conveys to the Grantee an easement for a sewer line running across the remaining property of Clarke lying directly north of the property hereby conveyed to the north boundary of the Clarke property and the south boundary of the property now or formerly owned by Kurti (Book Z-16, Page 178), the location of said easement is to be decided by the Grantor.
THIS CONVEYANCE is made subject to easements for existing utility lines.
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.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1199930 (FC.FAY)
02/15/2017-02/22/2017 #319294

Legals
EST ELEANOR COCHRAN ...

EXECUTOR'S NOTICE

Having qualified as Executor of the estate of Eleanor Cochran, deceased, late of Macon County, North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned on or before the 15th day of May, 2017 or this notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 15th day of February 2017.

Jeffrey D. McKay (Executor)
3402 Sussex Ct.
Florence, SC 29501

Juanita C. Arnold (Process Agent)
355 Dellwood Road
Franklin, NC 28734
02/15/2017-03/08/2017 #318859

Legals
BID NOTICE BID PROPOSALS ...

BID NOTICE

Bid proposals for the Congregate, Home Delivered Meals, and Adult Day Care Nutrition Programs in the Franklin area will be ready for pick-up beginning @ 8:00 a.m. on Friday, February 17, 2017.
Bid packets with specifications may be obtained at Macon County Senior Services located at 108 Wayah Street, Franklin, N.C. (Beside the Chamber of Commerce)
Business hours are 8 a.m. to 5 p.m. Monday through Friday.
SEALED Bid proposals must be returned by 5:00 p.m. on Friday March 3, 2017 to Macon County Senior Services.
The governing body reserves the right to reject or refuse any and all proposals.
For further information, contact Sheila Jenkins, Administrative Officer at (828)349-2060 during business hours.
02/17/2017, 02/22/2017 #319954

Legals
EST LILLIAN MCGOWAN ...

CREDITOR'S NOTICE

Having qualified as Personal Representative for the Estate of LILLIAN RANGER MCGOWAN, deceased, late of Macon County, North Carolina, this is to notify all persons having claim against the Estate of said deceased to exhibit them to the undersigned on or before the 2nd day of June, 2017, or this Notice will be plead in bar of their recovery. All persons indebted to said Estate will please make immediate settlement.
This the 22nd day of February, 2017.

Rowland Baker Ranger
Personal Representative c/o Russell R. Bowling
Attorney for the Estate
77 West Main Street Franklin, NC 28734
02/22/2017-03/15/2017 #320590

Legals
ORDER TO DEMOLISH ON FEBR ...

ORDER TO DEMOLISH

On February 8, 2017 a Condemnation Hearing was held at the Buncombe County Permits & Inspections Department at 30 Valley Street, Asheville, NC. The purpose of the hearing was to hear any relevant information in the condemnation of the abandoned home at 15 Creeds Cove Road, Arden, NC (PIN# 9644-86-3024). At the conclusion of this hearing an order was issued to have Buncombe County demolish the structure by May 16, 2017. For more information regarding this Order to Demolish, please contact the Buncombe County Permits & Inspections Department at (828) 250-5364.
02/22/2017 #320610

Legals
1200153-DUFFY ...

NOTICE OF
FORECLOSURE SALE
17 SP 13

Under and by virtue of the power of sale contained in a certain Deed of Trust made by John Michael Duffy to Orville D. Coward, Jr., Trustee(s), dated the 6th day of April, 2011, and recorded in Book CRP G-34, Page 1006, in Macon 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 Macon 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on March 9, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Macon, North Carolina, and being more particularly described as follows:
BEING the same lands, easements, privileges and appurtenances as described in the deed dated April 4, 2011 from TD Bank, N.A., successor by merger to Carolina First Bank, to John Michael Duffy, recorded in Book G-34, Pages 1003-1005, Macon County Public Registry, to which reference is hereby made for a full and complete description. Together with improvements located thereon; said property being located at 24 Wood Lane, Franklin, North Carolina.
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.
SUBSTITUTE TRUSTEE

c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1200153 (FC.FAY)
02/22/2017-03/01/2017 #320794

Legals
17-088250-JACOMINO ...

IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
MACON COUNTY
17SP11

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WESTLEY A JACOMINO JR AND ANASTASIE VALERIE JACOMINO DATED SEPTEMBER 29, 2006 AND RECORDED IN BOOK S-30 AT PAGE 5 IN THE MACON 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 2:00PM on March 7, 2017 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described as follows:
BEING the same lands, easements, privileges and appurtenances as conveyed by Karen L. Nottenkamper, unmarried and William C. McAninch and wife, Dorothy c. McAninch to Don B. Ray and wife, Carlene G. Ray, recorded in Book M-22, Pages 1419-1422, Macon County Public Registry, being described therein as follows: 'Being and comprehending the same lands, premises, easements, privileges and appurtenances as are described in and conveyed by the Deed from William C. McAninch and wife, Dorothy C. McAninch to Karen L. Nottenkamper, dated May __ , 1994, recorded in Deed Book L-20, Pages 1229- 1231, Records of Macon County, North Carolina, and described therein as follows:
'"Being and comprehending the identical lands, premises, easements, privileges and appurtenances as are described in and conveyed by the Deed from Janelle Green Sanders and husband, Clyde Sanders to William C. McAninch and wife, Dorothy C. McAninch, dated April 12, 1993, recorded in the Office of the Register of Deeds for Macon County, North Carolina in Book W-19, Pages 720-723, and being described therein as follows:
'"'BEGINNING at an iron axle, said point of Beginning being the Southeasternmost and penultimate corner of the lands described in the Deed from Janelle G. Sanders, Executrix et al, to Janelle Greene Sanders et vir, dated 25 June, 1984, recorded in Book T-15, Page 218 records of Macon County, North Carolina; runs thence from said point of Beginning with the East boundary of the lands described in said deed, North 05 deg. 20 min. 55 sec. West 105.46 feet to an iron rod; thence South 59 deg. 13 min. 15 sec. West, passing an iron rod set at 188.39 feet, total distance 293.95 feet to an iron rod set on the Southwest margin of a 20-foot road right of way; thence South 29 deg. 46 min. 00 sec. East 40.00 feet to an iron pipe set in the South boundary of the lands described in the Deed recorded in Book T-15, Page 218 herein referred to; thence with the South boundary of the lands described in said Deed, South 87 deg. 26 min. 25 sec. East 122.95 feet to an iron pipe and North 54 Deg. 25 min. 00 sec. East 147.17 feet to the point of BEGINNING, containing 0.56 acres, more or less, being described herein as surveyed by G.L. Sprinkle, Registered Surveyor, and as shown on his drawing dated March 20th, 1993 and being designated thereon as Lot 3-B.
'"'Parties of the first part further convey unto parties of the second part, their heirs and assigns, the right to use in common with parties of the first part, their heirs and assigns, and all others who now have or may hereafter acquire the right to use the same, an easement for a 20- foot wide private road and utility right of way, the centerline of which follows the centerline of the existing roadway leading from a point near the Southwest corner of the lands hereby conveyed in a generally Southwesterly direction to the point of intersection with State Road #1312. Parties of the first part specifically reserve unto themselves, their heirs and assigns, the right to use said road and utility easement in common with parties of the second part, their heirs and assigns.'"'
'There is located upon the lands above described a 1994 Mobile Home, ID #NCFLP56AB08974SM [sic- M should be W] which has been permanently affixed to the land and is a part of the real property hereby conveyed.' This conveyance is further made subject to easements for existing roadways, utility lines and facilities, to restrictions of record, and to applicable land use laws and ordinances.
See the Estate of Carlene G. Ray, recorded in File 05-E- 169, office of the Clerk of Superior Court, Macon County, North Carolina.
TRACT TWO:
BEING the same lands, easements, privileges and appurtenances as conveyed by Karen L. Nottenkamper, unmarried to Don B. Ray and wife, Carlene G. Ray, recorded in Book M-22, Pages 1416-1418, Macon County Public Registry, being described therein as follows:
'Being and comprehending the same lands, premises, easements, privileges and appurtenances as are described in and conveyed by the Deed from Janelle Green Sanders and husband, Clyde Sanders to Karen Nottenkamper, dated September 2, 1993, recorded in Deed Book B-20, Pages 622- 624, Records of Macon County, and described therein as follows:
'"'BEGINNING at an iron pipe, said point of Beginning being the Northeasternmost corner of the lands described in the Deed from Janelle G. Sanders, Executrix et al, to Janelle Greene Sanders et vir, dated 25 June, 1984, recorded in Book T-15, Page 218 records of Macon County, North Carolina; runs thence from said point of Beginning, with the East boundary of the lands described in said Deed, South 05 deg. 20 min. 55 sec. East 115.0 feet to an iron pipe which is the Northeasternmost corner of the lands described in the Deed from Janelle Green Sanders and husband, Clyde Sanders to William C. McAninch and wife, Dorothy C. McAninch, dated 12 April, 1993, recorded in Book W-19, pages 720-723, Records of Macon County, North Carolina; thence with the Northwest boundary of the lands described in said Deed, South 59 deg. 13 min. 15 sec. West, passing an iron pipe at 188.39 feet, total distance 293.95 feet to an iron pipe set in the West margin of a 20 foot road and utility easement; thence with the West margin of said easement, North 29 deg. 40 min. 00 sec. West 59.32 feet to an iron pipe; thence with the North boundary of the lands described in th Deed recorded in Book T-15, page 218, herein referred to, North 56 deg. 23 min. 00 sec. East 125.64 feet to an iron pipe, and North 49 deg. 11 min. 35 sec. East 125.64 feet to the point of BEGINNING, containing 0.54 acres, more or less, being described herein as surveyed by G.L. Sprinkle, Registered Surveyor, and as shown on his drawing dated March 20, 1993 and being designated thereon as Lot 3-C.
'"Parties of the first part further convey unto parties of the second part, their heirs and assigns, the right to use in common with parties of the first part, their heirs and assigns, and all others who now have or may hereafter acquire the right to use the same, an easement for a 20- foot wide private road and utility right of way, the centerline of which follows the centerline of the existing roadway leading from a point near the Southwest corner of the lands hereby conveyed in a generally Southwesterly direction to the point of intersection with State Road No. 1312. Parties of the first part specifically reserve unto themselves, their heirs and assigns, the right to use said road and utility easement in common with parties of the second part, their heirs and assigns.
'"This conveyance is made subject to that certain easement for a road and utility right of way described in the Deed from Grantors herein to William C. McAninch and wife, dated 12 April, 1993, recorded in Book W-19, page 720-723, Records of Macon County, North Carolina."'
This Conveyance is further made subject to easements for existing roadways, utility lines and facilities, to restrictions of record, and to applicable land use laws and ordinances.
And Being more commonly known as: 135 Pat Rogers Rd, Franklin, NC 28734
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Estate of Anastasie Valerie Jacomino.
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 14, 2017.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway,
Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
17-088250
02/22/2017-03/01/2017 #320185

The Franklin Press

Mailing Address:
40 Depot Street
Franklin, NC 28744 

Phone: 828-524 2010
Fax: 828-524-8821