NOTICE OF
FORECLOSURE SALE
19 SP 159
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sharon Lee Armstrong, (Sharon Lee Armstrong, Deceased) (Heir of Sharon Lee: Jamii Lee Armstrong aka Jamii L. Armstrong) to Coward, Hicks & Siler, P.A., Trustee(s), dated the 11th day of October, 2017, and recorded in Book CRP F-38, Page 803, 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 February 20, 2020 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:
TRACT ONE:
Being the same lands, easements, privileges and appurtenances as described in the deed dated May 28, 2014 from Edith M. Arold, by and through her Attorney-in-Fact, Gayle V. Moller to Cindy R. Thompson and Carolyn B. Rhodes, recorded in Book F-36, Pages 1574-1576, Macon County Public Registry and being described therein as follows:
"Being all of TRACT ONE of the lands, easements, privileges and appurtenances as described in and conveyed by the deed from Edith M. Arold as Trustee of the W. William Arold and Edith M. Arold Living Trust dated March 24, 1993, to Edith M. Arold, dated July 21, 2013 and recorded in the Office of Register of Deeds for Macon County, North Carolina, in Book U-35, Pages 69-73, and being more particularly described as follows:
"All the lands rights and privileges and subject to the express stipulations, reservations and restrictions as are set forth in the deed from Aksel D. Larsen, et ux, et al, to Aksel D. Larsen, et ux, dated October 31, 1979, and recorded in Deed Book X-12, Page 3, Public Records of Macon County North Carolina, and being described therein as follows:
"Beginning at an iron pipe, the same being the southeast corner of the lands described in the Deed from Ernest C. Bagger, et al, to Jacob Bohres, et ux, as recorded in Deed Book O-9, Page 315, Public Records of Macon County, North Carolina; runs thence from said point of Beginning and with the dividing line between Lots 23 and 24 of Unit 1, of the Marvic Hills Subdivision, S. 28-03-30 E. 341.83 feet to a point in the center line of a 60 foot wide road and utility right of way; thence with the center of the same, N. 54-02 E. 96.67 feet; N 77-10-30 E, 100.18 feet and N. 64-15 E. 70.94 feet to a point; thence leaving distance 200 feet to an iron pin; thence S. 88-49-45 W. 399.15 feet to the point of beginning, containing 1.91 acres, be the same more or less, and being Lot No. 23 of Unit 1 of Marvic Hills Subdivision, and being described herein as shown by survey and plat thereof made by G.L. Sprinkle, Registered Land Surveyor, under date of June 21, 1974.
"The lands hereby conveyed are a portion of the lands described in the deed recorded in Deed Book V-7, page 222, Public Records of Macon County, North Carolina.
"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 may now have or hereafter acquire the right to use the same, the existing 60 foot wide road and utility rights of way, the centerline of which forms the southeasternmost boundary of the lands hereby conveyed, together with the extension thereof as presently constructed and as shown upon the plat of Unit 1, and Unit 2 of Marvic Hills Subdivision, as surveyed by G.L. Sprinkle, Registered Land Surveyor, and the extension thereof on to the point of intersection with the public road.
"Parties of the first part reserve for themselves, their heirs and assigns, and for all others who may now have or hereafter acquire the right to use the same, the right to use in common with parties of the second part, their heirs and assigns, any portion of said 60 foot wide road and utility right of way which lies within the bounds of the lands hereby conveyed.
"For source of title see the deed from Wayne A. Hamilton and wife, Grace A. Hamilton, and Doris C. Hamilton (unmarried) to Bernard W. McReynolds and wife, Dorothy L. McReynolds, dated December 5, 1985, recorded in the Office of Register of Deeds for Macon County, North Carolina in Book R-16, Page 564.
"This property is further referenced in a deed from Bernard W. McReynolds and wife, Dorothy McReynolds to H. William Arold and wife, Edith M. Arold dated March 14, 1990 and recorded in the Office of the Register of Deeds of Macon County, N.C. in Book Q-18, page 116.
"This conveyance is made subject to easements for existing roadways and utility lines and facilities, to restrictions of record, if any, and to applicable land use laws and ordinances."
TRACT TWO:
Being the same lands, easements, privileges and appurtenances as described in and conveyed by the deed dated June 3, 2014 from Edith M. Arold, by that through her Attorney-in-Fact, Gayle V. Moller to Cindy R. Thompson, recorded in Deed Book F-36, Pages 2211-2213, Macon County Public Registry and being described therein as follows:
"Being all of TRACT TWO of the lands, easements, privileges and appurtenances as described in and conveyed by the deed from Edith M. Arold as Trustee of the W. William Arold and Edith M. Arold Living Trust dated March 24, 1993, to Edith M. Arold, dated July 21, 2013 and recorded in the Office of the Register of Deeds for Macon County, North Carolina, in Book U-35, Pages 69-73, and being more particularly described as follows:
"Beginning at an iron pipe, the same being the southeast corner of the lands described in the deed from Ernst C. Bagger, et al, to Jacob Bohres, as recorded in Deed Book O-9 at page 315, Public Records of Macon County, North Carolina, the same being the northwest and beginning corner of the lands described in the deed from Askel D. Larsen, et ux, et al, to Askel D. Larsen, et ux, dated October 31, 1979, and recorded in Deed Book X-12 at page 3, Public Records of Macon County, North Carolina; runs thence from said point of beginning and with the dividing line between Lots 23 and 24 of Unit I, of the Marvic Hills Subdivision, South 28 degrees 03 minutes 30 seconds East, 341.93 feet to a point in the centerline of a 60 foot wide road and utility right of way; thence with the centerline of the same, South 30 degrees 43 minutes 15 seconds West 237.44 feet to an iron pipe set in a small stream; thence with the meanders of said small stream North 10 degrees 52 minutes 15 seconds West 437.59 feet to an iron pipe, southwest corner of the Bohres tract; thence with the Bohres south line, South 78 degrees 30 minutes East 208.71 feet to the point of beginning, containing 2.31 acres, be the same more or less, and being Lot No, 24 of Unit 1 of Marvic Hills Subdivision, and being described herein as shown by survey and plat thereof made by G.L. Sprinkle, Registered Land Surveyor, under date of June 21, 1974.
"The lands hereby conveyed are a portion of the lands described in the deed recorded in Book V-7 at page 222, Public Records of Macon County, North Carolina.
"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 may now have or hereafter acquire the right to use the same, the existing 60 foot wide road and utility rights of way, the centerline of which forms the southeasternmost boundary of the lands hereby conveyed, together with the extension thereof as presently constructed and as shown upon the plat of Unit 1, and Unit 2 of Marvic Hills Subdivision, as surveyed by G.L. Sprinkle, Registered Land Surveyor, and the extension thereof on to the point of intersection with the public road.
"Parties of the first part reserve for themselves, their heirs and assigns, and for all others who may now have or hereafter acquire the right to use the same, the right to use in common with parties of the second part, their heirs and assigns, any portion of said 60 foot wide road and utility right of way which lies within the bounds of the lands hereby conveyed.
"This property is further referenced in a deed from Anthony Francaviglia and Josephine Francaviglia, his wife, to H. William Arold and Edith Arold, his wife dated June 7, 1990 and recorded in the Office of the Register of Deeds of Macon County, N.C. in Book S-18, Page 563.
"For source of title see the deed dated March 24, 1993 from H. William Arold and wife, Edith M. Arold, to H. William Arold and Edith M. Arold as Trustees of THE H. WILLIAM AROLD AND EDITH M. AROLD LIVING TRUST, dated March 24, 1993, recorded in the Office of the Register of Deeds for Macon County, North Carolina in Book W-19, Page 180-183."
This conveyance is made subject to easements for existing roadways and utility lines and facilities, to restrictions of record and to applicable land use laws and ordinances.
Together with improvements located thereon; said property being located at 429 Kinsland 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 prior 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 LLP
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina
28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Case No: 1289506 (FC.FAY)
02/05/2012-02/12/2012#559111
