NOTICE OF
FORECLOSURE SALE
20 SP 46
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Derek A. Gwinn, Claudine Gwinn (PRESENT RECORD OWNER(S): Derek A. Gwinn and Claudine Gwinn) to PRLAP, Inc., Trustee(s), dated December 26, 2003, and recorded in Book No. R 27, at Page 1933 in Macon County Registry, North Carolina, default having been made in the payment of the promissory note 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 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 Franklin, Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on December 3, 2020 and will sell to the highest bidder for cash the following real estate situated in Topton in the County of Macon, North Carolina, and being more particularly described as follows:
Lot #63 of Section 4 of Little Choga's Place, containing 3.02 acres, more or less, (total) as shown on the plat of survey by Southern Boundary Surveying Company, dated March 24, 1997, as certified by D. Bruce Black, RLS, and recorded in Plat Card 3422, Macon County Registry, reference to which is hereby made for further and more complete description. Together with improvements located thereon; said property being located at Lot 63, Section 4, Little Choga's Place, Indian Lake Road, Topton, North Carolina.
Together with a perpetual, nonexclusive easement for purposes of ingress and egress, over and along the subdivision access roads extending through Little Choga's Place, located as shown on the aforesaid recorded survey plat reference to which is hereby made for further and more complete description and location; and extending thence from the northwest or west boundary line of Little Choga's Place with the continuation of said access road in a general northwest direction to its intersection with N.C.S.R. #1402 (Little Choga Road). This easement includes the right to go upon the servient tenements with workmen to improve, repair and maintain said access road, as may be necessary from time to time. This easement is appurtenant to and for the benefit of the hereinabove described tract, and Grantors warrant to Grantee and their heirs, successors and assigns as herein state full use and enjoyment, of this easement.
The easement granted hereby shall run with the hereinabove described tract as to all property burdened and benefited by such easement, including any division or partition of such property. The rights, covenants and obligations contained in this easement shall bind, burden and benefit the successors and assigns, lessees or mortgagees of the Grantors and the Grantees.
Subject, however, to a perpetual non-exclusive easement for purposes of ingress, egress and utilities 22 1/2 feet wide from the centerline of the subdivision access roads, as said roads run along portion of the property lines of the hereinabove described lot located as shown on the above-referenced survey plot, reference to which is hereby made for greater certainty of location and description. This easement includes the right to go upon the servient tenement with workmen to improve, repair and maintain such facilities as may be necessary from time to time.
This conveyance is expressly made subject to those certain covenants, restrictions and conditions governing Little Choga's Place contained in a certain instrument recorded in Book Q-21, Page 655 - 663, as amended in Book X-21, Pages 655 - 659 and supplemented in Book X-21, Pages 40 - 42, and Book K-23, Page 1098 - 1099 and Book X-24, Pages 2197 - 2198 and Book C-25, Pages 841 -842 and Book C-25, Page 841 - 842, Macon County Registry, reference to which is hereby made.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §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 N.C.G.S. §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 are expressly 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 its sole discretion, if it 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.
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,
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Firm Case No: 3368 - 8557
11/18/2020-11/25/2020#608844
