19 SP 57
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Laurie A. Carlisle and Bradley R. Carlisle (PRESENT RECORD OWNER(S): Laurie A. Carlisle) to Jim Day, Trustee(s), dated the 6th day of June, 2017, and recorded in Book CRP Z-37, Page 589, 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 June 6, 2019 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:
BEING LOT NUMBER ONE (1) AND TWO (2) OF CASTLEBERRY VIEW SUBDIVISION, as shown on that plat by survey recorded in the Office of the Register of Deeds for Macon County, North Carolina, on Plat Card #3642, to which said plat and record reference is hereby made.
Beginning at an existing iron pipe on the southeast corner of property owned by Charles E. Wicker, now or formerly, in Deed Book R-28, Pages 1555, Macon County Registry, and runs thence N 01 deg. 11' 45" W 208.57 feet to an existing iron rod; runs thence N 01 deg. 11' 45" W. 13.12 feet to a point; runs thence along the boundary of property owned by Wayne & Mary Sheffield, now or formerly, in Deed Book E-25 Page 894, Plat Card #3642, N 58 deg. 43' 58" E 151.76 feet to an existing iron pipe; runs thence N 52 deg. 40' 19" E 137.62 feet to a point; runs thence S 84 deg. 42' 40" E 36.80 feet to a point in the middle of an existing 20 foot private access road and utility right of way; runs thence N 42 deg. 06' 01" W 14.67 feet; runs thence N 50 deg. 59' 46" E 10.01 feet to an existing axle; runs thence along the boundary line of property owned by Ralph D. Capan, now or formerly, in Deed Book U-23, Page 1437, S 42 deg. 06' 05" E 153.58 feet to an existing iron pipe; runs thence S 52 deg. 40' 30" W 10.03 feet to a point in the centerline of the right of way referenced above; runs thence S 52 deg. 40' 30" W 10.03 feet to a point; runs thence S 52 deg. 40' 30" W 187.39 feet to an existing concrete monument; runs thence S 52 deg. 40' 30" W 34.26 feet to an iron rod set; runs thence S 52 deg. 40' 30" W 226.18 feet to the Point of Beginning, containing 1.52 acres, more or less, as depicted on the unrecorded survey by Sprinkle Surveying, P.A. dated October 9, 2007, under drawing #5245. Together with improvements located thereon; said property being located at 76 Castleberry View, Franklin, North Carolina.
THIS CONVEYANCE IS FURTHER MADE TOGETHER WITH AND SUBJECT TO the right to use in common with the grantors herein, their heirs and assigns, and all others who now have or may hereafter acquire the right to use the same, the roads within the said Castleberry View Subdivision as shown on the plat by survey recorded in the Office of the Register of Deeds for Macon County, North Carolina, on Plat Card #3642, together with their continuation to the state road.
THIS CONVEYANCE IS FURTHER MADE TOGETHER WITH A one-eighth (1/8) interest in and to the well and water system located near the northwest corner of Lot #7 of Castleberry View as shown on the plat by survey referred to hereinabove, together with the right to obtain one-eighth (1/8) of the water therefrom for domestic purposes. Further together with an easement of ingress, regress, and egress upon the said Lot #7 and within the road right of way easement as shown on the said recorded plat for purposes of laying, constructing, maintaining and repair of an underground water line from said well and water system to the property described hereinabove. Further subject to the rights of the grantors herein, their heirs and assigns, to the remaining seven-eights (7/8) intersect in said well and water system; it being the intention of the grantors herein that said well and water system shall and will be shared equally by all eight (8) lots as shown on the plat by survey referred to hereinabove.
THIS CONVEYANCE IS FURTHER MADE SUBJECT TO all existing road and utility easements of record.
SUBJECT TO the restrictive covenants, conditions, and easements, which shall run with the above described lands as described in the Deed recorded in Book F-32, Page 1985, Macon County Public Registry.
Macon County Tax PIN 6578-64-4468
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.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
Case No: 1270960 (FC.FAY)