Wednesday, August 12, 2020
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 GARY W. SCHMITT AND MAY L. SCHMITT DATED OCTOBER 17, 2008 AND RECORDED IN BOOK CRP Q-32 AT PAGE 330 AND REFORMED BY JUDGMENT RECORDED ON MAY 10, 2019 AT BOOK E-39, PAGE 1517 AND FURTHER REFORMED BY FINAL JUDGMENT RECORDED JULY 15, 2019 AT BOOK H-39, PAGE 1548 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 10:00AM on August 27, 2020 the following described real estate and any other improvements which may be situated thereon, in Macon County, North Carolina, and being more particularly described in that certain Deed of Trust executed Gary W. Schmitt and May L. Schmitt, dated October 17, 2008 to secure the original principal amount of $1,388,000.00, and recorded in Book CRP Q-32 at Page 330 of the Macon County Public Registry. The terms of the said Deed of Trust may be modified by other instruments appearing in the public record. Additional identifying information regarding the collateral property is below and is believed to be accurate, but no representation or warranty is intended.
Address of property:
322 Cheyenne Dr,
Highlands, NC 28741
Tax Parcel ID:7438972358/0541877 & 7438875116/0537896
Present Record Owners:Gary W. Schmitt and May L. Schmitt aka Adville May Schmitt
And Being more commonly known as: 322 Cheyenne Dr, Highlands, NC 28741
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Gary W. Schmitt and May L. Schmitt aka Adville May Schmitt.
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 July 6, 2020.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway,
Charlotte, NC 28216