STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK
COUNTY OF MACON24 SP 38
NOTICE OF FORECLOSURE SALE
IN THE MATTER OF THE FORECLOSURE by Yadkin Valley Law of a Deed of Trust Securing Future Advances executed by Brook Now LLC dated the 9th day of February, 2022, and recorded on February 9, 2022, in Deed Book CRP P-41, Page 2402, of the Macon County Registry.
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Brook Now, LLC (Present Record Owner(s): Brook Now, LLC), to Benjamin J. Corcoran, PLLC, Trustee, dated February 9, 2022, and recorded in Deed Book CRP P-41, Page 2402, 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, Yadkin Valley Law, 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 Macon County, North Carolina, or the customary location designated for foreclosure sales, at 10:30 a.m. on Monday the 6th day of May, 2024 and will sell to the highest bidder for cash the following real property located at 737 Breeze Wood Drive, 144 Breeze Wood Drive, 80 Breeze Wood Drive, Off Breeze Wood Drive, and Off Bryson City Road, situated in Macon County, North Carolina, and being more particularly described as follows:
Parcel 1: PIN: 6569-13-3091
Being Lot 47 as shown on the plat entitled KASAWA as prepared by Thomas Harvey Cabe, RLS (drawing no. 1832, dated 01/16/1998), unrecorded, containing 2.17 acres as shown on the Macon County Land Records.
Parcel 2: PIN: 6569-13-3277
Being Lot 46 as shown on the plat entitled KASAWA as prepared by Thomas Harvey Cabe, RLS (drawing no. 1832, dated 01/16/1998), unrecorded, containing 1.41 acres as shown on the Macon County Land Records.
Parcel 3: PIN:6569-13-5484
Being Lot 45 as shown on the plat entitled KASAWA as prepared by Thomas Harvey Cabe, RLS (drawing no. 1832, dated 01/16/1998), unrecorded, containing 1.72 acres as shown on the Macon County Land Records.
Parcel 4: PIN:6569-13-3639
Being an unnumbered tract to the west and north of Parcels 1 and 2 as shown on the plat entitled KASA WA as prepared by Thomas Harvey Cabe, RLS ( drawing no. 1832, dated 01/16/1998), unrecorded, containing 17.35 acres as shown on the Macon County Land Records.
Parcel 5: PIN: 6569-33-0185
Being the compilation of lots 2C, 9, 12, 16, 17, 18, 19, 21, 22, 23, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, and 38, as shown on the plat entitled KASAWA as prepared by Thomas Harvey Cabe, RLS (drawing no. 1832, dated 01/16/1998), unrecorded, containing a total of 72.63 acres as shown on the Macon County Land Records.
Grantor further quitclaims to Grantee any properties owned by Grantor which are included on said plat, but not specifically referenced herein.
FOR FURTHER REFERENCE, see the deed from JM and RG, Ltd., a Florida limited partnership, to Beth and Wendy Corporation, dated October 7, 2004, and recorded on November 16, 2004, in Deed Book Q-28 at Page 1667 in the Macon County Land Registry.
Trustee may, in the Trustees 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 said Deed of Trust, security agreement, or both, being foreclosed, nor the officers, directors, attorneys, agents, employees, or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the title, or to 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 leases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five (5%) percent of the purchase price or seven hundred fifty ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. Said certified funds shall be made payable to Yadkin Valley Law Trust Account. 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, it 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 in 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 this notice of foreclosure sale, terminate the rental agreement by providing written notice of termination to the landlord, to be effective on a date state 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 notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the date of termination.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVE TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR TO AS TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
This the 5th day of April, 2024.
YADKIN VALLEY LAWSubstitute Trustee
J. Caleb Rogers, Esq.PO Box 158Yadkinville, NC 27055(336) 518-1630
04/24/2024-05/01/2024 #810966
