18 SP 39
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Keith D. Koster and Laura Lee Koster to CB Services Corp., Trustee(s), which was dated December 9, 2010 and recorded on December 14, 2010 in Book CRP B-34 at Page 697, Macon County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on April 2, 2019 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Macon County, North Carolina, to wit:
Being all of the lands, easements, privileges and appurtenances as are described in and conveyed by the Deed dated July 31, 1998, from Alex S. Vuillemin, unmarried, to Keith D. Koster and wife, Laura Lee Koster, recorded in Deed Book S-22 at Pages 865-867, Macon County Land Registry, North Carolina, to which reference is hereby made for a more complete and accurate description.
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ACCORDING TO SAID DEED AS FOLLOWS:
BEING A PORTION OF THAT PROPERTY AS DESCRIBED IN A DEED DATED JUNE, 1981, FROM WILLIAM EVERETT CARMELIA, CO-EXECUTOR, AND ROBERTA SUE POWELL, CO-EXECUTOR, TO JOSEPH MACIEJKO AND WIFE, ANNA MACIEJKO, AS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA, IN DEED BOOK W-13 AT PAGE 168, BEING DESCRIBED THEREIN AS FIRST TRACT, AND BEING MORE PARTICULARLY DESCRIBED THEREIN AS FOLLOWS:
ALL THE LAND DESCRIBED IN AND CONVEYED BY THE DEED FROM HAROLD H. BROWN AND WIFE, BESSIE F. BROWN, TO EVERETT CARMELIA AND WIFE, ANNA MAY CARMELIA, DATED 5 SEPTEMBER 1973, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA, IN DEED BOOK X-9 AT PAGE 4, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL THE LAND AND ROAD RIGHT OF WAY DESCRIBED IN THE DEED FROM GEORGE V. GABLE, ET UX, TO HAROLD H. BROWN, ET UX, DATED 2 SEPTEMBER 1971, AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA, IN DEED BOOK W-8 AT PAGE 347, AND BEING DESCRIBED THEREIN AS FOLLOWS:
BEGINNING AT AN IRON PIPE ON THE NORTHWEST MARGIN OF A 30' WIDE STREET, SAID PIPE LOCATED NORTH 50 DEG. WEST, 180 FEET AND NORTH 53 DEG. WEST, 30 FEET FROM A CONCRETE POST, A CORNER OF THE BOYCE PROPERTY; RUNS THENCE WITH THE SOUTHWEST MARGIN OF A 30' STREET EASEMENT, NORTH 36 DEG. WEST, 294 FEET TO AN IRON PIPE AT THE INTERSECTION WITH A SECOND 30' STREET; THENCE WITH THE SOUTHEAST MARGIN OF THE SECOND STREET, SOUTH 16 DEG. WEST, PASSING AN IRON PIPE AT 200 FEET, WHOLE DISTANCE 370 FEET TO AN IRON PIPE; THENCE LEAVING THE STREET RUNS SOUTH 50 DEG. EAST, 131 FEET TO AN IRON PIPE ON THE NORTHWEST MARGIN OF A 30' WIDE STREET; THENCE WITH THE MARGIN OF THE SAME, NORTH 40 DEG. EAST, 268 FEET TO THE POINT OF BEGINNING, CONTAINING 1.48 ACRES, BE THE SAME MORE OR LESS, AND BEING THE NORTHEAST PORTION OF THE LANDS DESCRIBED IN THE DEED FROM T.T. HURST AND WIFE TO GEORGE B. GABLE AND WIFE, DATED 14 OCTOBER 1960, AND RECORDED IN DEED BOOK T-6 AT PAGE 252, 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 ENTITLED THERETO, THE 30' STREETS FORMING THE NORTHWEST, THE NORTHEAST, AND THE SOUTHEAST BOUNDARY OF SAID PROPERTY, TOGETHER WITH THE 30' WIDE ROAD RUNNING FROM THE BEGINNING CORNER OF THE LANDS ABOVE DESCRIBED IN A SOUTHEASTERLY DIRECTION TO THE THOMAS ROAD (A PUBLIC ROAD).
THERE IS A MOBILE HOME LOCATED ON THE ABOVE AND FOREGOING DESCRIBED PROPERTY, A 1953 RICHARDSON MOBILE HOME, SERIAL NO. 27-1760-53, TITLE NO. 12390122A, AND IT IS THE INTENTION OF ALL PARTIES HERETO THAT THE TITLE TO THE SAID MOBILE HOME AND ITS CONTENTS AS OF THIS DAY SHALL PASS WITH THE ABOVE AND FOREGOING DESCRIBED PROPERTY AS IF IT WERE A PART OF THE SAID PROPERTY.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 104 Hurst Road, Franklin, NC 28734.
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Laura Lee Koster.
An Order for possession of the property may be issued pursuant to 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 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 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 the tenant provides the notice of termination [NCGS 45-21.16A(b)(2)]. 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.
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.
Trustee Services of Carolina, LLC
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 18-03126-FC01