MACON COUNTY17 SP 135
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Kathy J. Lewis, formerly Kathy J. Bednarek Trustee of the Kathy J. Bednarek Trust dated November 7, 1991 to Steven E. Philo, Trustee, which was dated 15 May 2012 and recorded in Book Y-34, Pages 1505-1508, Macon County Land Registry.
Default having been made of the note thereby secured by the said Deed of Trust and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Trustee will offer for sale at the courthouse door of the Macon County courthouse where the property is located on 21 December 2017 at 11:00 AM, and will sell to the highest bidder for cash the following described property situated in Macon County, North Carolina, to wit:
Being the same lands, easements, privileges and appurtenances as described in and conveyed by that deed dated September 19, 2011 from Thomas R. Crawford, as Trustee of the Amanda Pack Irrevocable Trust Agreement dated April 24, 1996, to Amanda Pack Sirvent, recorded in Book O-34, Pages 582-584, Macon County Land Registry, and being described therein as follows:
Being Lot #2, containing 3.00 acres, of the Cherokee Landing Subdivision as shown on Plat Card 2972, Macon County Public Registry, to which reference is hereby made for a full and complete description.
Also, being a portion of the same lands, easements, privileges and appurtenances as described in and conveyed by the deed dated January 12, 1999 from Julie L. Stewart, Trustee, et al, to Alicia A. Pack, recorded in Deed Book B-23, Page 205, in the Office of the Register of Deeds of Macon County, North Carolina.
Together with and subject to the dedicated subdivision easements and rights of way as shown on said recorded plat as the same lead to State Road 1443.
This conveyance includes the benefits of and is subject to the provisions of the Declaration of Restrictive Covenants, Easements and Conditions for Cherokee Landing Subdivision, dated October 1, 1999, recorded in Deed Book P-23 at Pages 1183-1189, Macon County Public Registry.
This conveyance includes the non-exclusive right to take water from the existing well located on the lands of the Grantor to wit: "Lot 17", as shown on that survey plat prepared by Larry T. Turlington, Professional Land Surveyor, dated March 24, 2004, and recorded on Plat Card 4397, Macon County Land Registry.
Grantor agrees to provide for the installation of the waterline from a predetermined point on Lot 2 agreed to by Grantor and Grantee, to the existing well located on Lot 17. Grantee agrees to pay her pro-rata share of the costs of any maintenance, repair and replacement to be performed on the well, pump and equipment therein, a pro-rata share being such total costs divided by the number of residences connected to said well. Grantees, their heirs, successors and assigns agree to pay the owner of Lot 17, $100.00 per annum for their share of the cost of electricity to run the pump.
The foregoing conveyance is made subject to easements for existing road rights of way and utility lines and facilities and to restrictions of record.
Said property is commonly known as Lot, 2, Cherokee Landing, 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 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 of the property is the unknown Successor Trustee of the Kathy J. Bednarek Trust dated November 7, 1991.
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 or reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee, in his sole discretion, if he believes 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.
Steven E. Philo, Trustee
Steven E. Philo, P.A.
587 West Main Street
Franklin, NC 28734