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 JAMES P. PAYNE AND DANIELLE Z. PAYNE DATED DECEMBER 18, 2006 AND RECORDED IN BOOK Z-30 AT PAGE 70 AND MODIFIED BY AGREEMENT RECORDED MAY 23, 2012 IN BOOK Y-34, PAGE 2335 IN THE MACON COUNTY PUBLIC REGISTRY,
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 July 29, 2019 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:
All that certain lot or parcel of land situated in Ellijay Township, Macon County, State of North Carolina, and being more particularly described as follows:
Being tract two of the lands, easements, privileges and appurtenances described in and conveyed by the Deed dated November 11, 2003 from George D. Brown and wife, Sheila G. Brown to Edward F. Zacher, et ux, et al, recorded in Deed Book S-27 at pages 7-16, Macon County Public Registry, and described in full therein as follows:
"Being a portion of the lands, easements, privileges and appurtenances as described in the Deed dated March 28, 2002 from Steven W. Higdon and wife, Linda G. Higdon to George D. Brown and wife, Sheila D. Brown recorded in Deed Book 0-25, pages 1002-1006, Macon County Public Registry and being more particularly described as follows:
"Beginning at point in the centerline of an easement and right of way for roadway and utility lines and facilities, said point being situated from an existing iron pipe, the northernmost corner of the lands described in the Deed first hereinabove referred to, south 61-54-21 west 536.03 feet to an iron rod set, the northernmost corner of tract 14 as described in the Deed dated August 27, 2003 from George D. Brown, Et Ux to Edward F.Zacher, Et Ux, Et Al, and south 00-40-05 west126.47 feet to said point of beginning and runs thence from said point of beginning and runs thence from said point of beginning with the centerline of said easement and right of way and the boundary of tract 14, south 82-56-16 west 30.78 feet and south 65-45-28 west 31.48 feet; runs thence leaving said centerline and running with the eastern boundary of tract 14, south 17-38-36 west passing an iron road stet at 36.60 feet, whole distance 407.95 feet to a point in the centerline of another easement and right of way for roadway and utility lines and facilities, the southeast corner of tract 14; runs thence with the centerline of the same and with the boundary of tract7 as follows: south 50-31-00 east 20.42 feet, south 38-55-40 east 43.42 feet, south 32-38-54 east 30.63 feet, south 35-30-24 east 36.65 feet, south 41-21-28 east 42.36 feet, south 43-17-16 feet 27.16 feet, south 30-31-41 east 21.97 feet, south 19-12-03 east 23.71 feet and south 26-58-39 east 32.978 feet, south 19-12-03 east 23.71 feet and south 26-58-39 east 32.98 feet to a point in said centerline where it is intersected by the centerline of another easement and right of way for roadway and utility lines and facilities, runs thence with the centerline of the last mentioned easement and right of way as follows: north 01-42-28 west 38.37 feet, north 02-40-59 west 57.80 feet, north 14-42-34 west 54.03 feet, north 08-11-42 west 33.49 feet, north 14-59-49 east 28.29 feet, north 40-09-16 east 60.94 feet, north 43-23-45 east 94.83 feet, north 53-23-51east108.74 feet, north 38-22-44 east 35.55 feet, north 21-09-02 east 31.19 feet, north 05-35-39 east 33.51 feet, north 08-25-50 west 28.65 feet, north 19-21-19 west 34.75 feet, north 26-59-28 west 41.06 feet, north 50-07-10 west 30.07 feet, north 73-06-29 west 76.76 feet and north 79-24-22 west 61.98 feet to the point of beginning, containing 2.53 acres and being denominated tract 15 of the George Brown property as shown in a survey map by G.L. Sprinkle, R.L.S., Sprinkle Surveying, P.A., dated February 22, 2002, last revised August 12, 2003, drawing number 3261GB
And Being more commonly known as: 334 Coyote Cv, Franklin, NC 28734
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are James P. Payne and Danielle Z. Payne.
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 9, 2019.
Grady I. Ingle or
Elizabeth B. Ells
10130 Perimeter Parkway,
Charlotte, NC 28216