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 CANDACE GAY AND NORMAN ROBLEY BROWN DATED SEPTEMBER 23, 2005 AND RECORDED IN BOOK P-29 AT PAGE 661 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 1:00PM on September 1, 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 conveyed by that deed dated December 19, 2003 from Robert R. Clabaugh, and wife, Roberta L. Clabaugh as Trustees of The Robert R. Clabaugh and Roberta L. Clabaugh Living Trust dated June 1, 1994, to John L. Jacques and wife, Cindy G. Jacques and recorded in Book R-27, Pages 615-617, Macon County Land Registry, and being more particularly described therein as follows:
"Being a portion of the lands, easements, privileges and appurtenances described in that deed dated 1 June1994 from Robert R. Clabaugh, and wife, Roberta L. Clabaugh to Robert R. Clabaugh, and Wife, Roberta L. Clabaugh as Trustees of the Robert R. Clabaugh and Roberta L. Clabaugh Living Trust Dated June 1,1994, and recorded in Book L-20, Page 151-153, Macon County Land Registry, and described as follows:
"BEGINNING at the point of intersection of Stewart Road and Howard Branch Road runs thence with the center line of Howard Branch Road the following ten (10) courses and distances: S 33- 28-15 W 52.11 feet, S 24-17-47 W 30.66 feet, S 16-47-53 W 32.44 feet, S 11-27-33 W 28.55 feet, S 01-19-18 W 58.02 feet, S 01-38-44 E 34.24 feet, S 11-44-33 W 20.96 feet, S 26-44-12 W 28.59 feet, S 33-58-45 W 21.04 feet, and S 33-58-45 W 25.27 feet to the point of intersection of Howard Branch Road and Cedar Cliff Road thence leaving Howard Branch Road N 75-58-03 W passing an iron pin at 15.00 feet and a second iron pin at 57.31 feet whole distance 127.33 feet to the point in the centerline of a small branch thence with the centerline of said branch the following six (6) courses and distances: N 05-25-19 E 4.66 feet, N 17-50-12 E 22.38 feet, N 21- 57-02 W 27.98 feet, N 30-18-50 W 46.82 feet, N 23-09-21 W15.07 feet, and N 40-29-20 W 11.29 feet to a point in the centerline of Stewart Road thence with the center line of Stewart Road the following eight (8) courses and distances: N 38-18-47 E 34.14 feet, N 36-43-10 E 14.88 feet, N 47-58-05 E 20.91 feet, N 52-36-08 E 25.80 feet, N 65-22-43 E 40.09 feet, N 70-34-07 E 54.83 feet, N 69-12-20 E 54.76 feet, and N 67-44-30 E 45.13 feet to the point and place of BEGINNING containing .98 acres more or less as shown on that survey plat by William F. Rolader, Registered Land Surveyor, dated November 19, 2003 and revised 12 December 2003 (Drawing # 03-548).
"The above described lands are subject to the right of way of Stewart Road and Howard Branch Road and to easements and restrictions of record.
And Being more commonly known as: 35 Howard Branch Rd, Otto, NC 28763
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Candace Rose Gay and Norman Robley Brown.
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 August 10, 2017.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400, Charlotte, NC 28216
#365244 / 8/18-8/25/2017