Wednesday, April 17, 2024
NOTICE OF
FORECLOSURE SALE
FILE NUMBER: 24 SP 21
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by WILLIAM MICHAEL ASHE payable to ATLANTIC BAY MORTGAGE GROUP LLC, lender, to FRED H. MOODY, JR. ATTORNEY AT LAW, Trustee, dated March 18, 2021, and recorded in Book CRP S-40, Page 2382 of the Macon County Public Registry by Anthony Maselli or Genevieve Johnson, either of whom may act, Substitute Trustee, default having been made in the terms of agreement set forth by the loan agreement secured by the said Deed of Trust and the undersigned, Anthony Maselli or Genevieve Johnson, either of whom may act, having been substituted as Successor Trustee in said Deed of Trust by an instrument duly recorded in the Official Records of Macon County, North Carolina, in Book CRP Y-42, Page 1304, 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, on Wednesday, May 1, 2024 at 12:00 pm, 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:
PARCEL IDENTIFICATION NUMBER(S): 6596606900
ADDRESS: 118 4 WHEEL DR., FRANKLIN, NC 28734
PRESENT RECORD OWNER(S): WILLIAM MICHAEL ASHE
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF NORTH CAROLINA, COUNTY OF MACON, AND IS DESCRIBED IN DEED BOOK CRP S-40, PAGE 2382 AS FOLLOWS:
BEING ALL OF THE LANDS, EASEMENTS, PRIVILEGES AND APPURTENANCES AS DESCRIBED IN THE DEED DATED MARCH 29, 1993 FROM DONALD L. WILLIS, JR. TO ROBIN SMITH WILLIS, RECORDED IN BOOK V-19, PAGES 1883-1884, MACON COUNTY PUBLIC REGISTRY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING THE SAME LANDS, EASEMENTS, PRIVILEGES AND APPURTENANCES AS DESCRIBED IN THE DEED DATED NOVEMBER 12, 1984 FROM HOMER L. GREEN AND WIFE, SHAREN D. GREEN TO DONALD L. WILLIS, JR. AND WIFE, ROBIN L. WILLIS RECORDED IN BOOK I-16, PAGE 115, MACON COUNTY PUBLIC REGISTRY, AND BEING DESCRIBED THEREIN AS FOLLOWS:
"BEING ALL OF THAT PROPERTY AS DESCRIBED IN A DEED DATED 11 MAY 1971 FROM A. E. FRIZZELL AND WIFE, VELMA FRIZZELL, TO HOMER L. GREEN AND WIFE, SHAREN D. GREEN, AS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS, MACON COUNTY, NORTH CAROLINA, IN DEED BOOK U-8, PAGE 145, AND BEING DESCRIBED THEREIN AS FOLLOWS:
"BEGINNING AT AN IRON PIPE, REPLACING A BLACK OAK, SAME BEING THE SOUTHERNMOST POINT OF LOT NO. 12 OF THE MARGARET B. MCGUIRE SUBDIVISION AS SHOWN ON A PLAT THEREOF MADE BY W. N. SLOAN IN MARCH 1949 AND RECORDED IN PLAT BOOK I, PAGE 152 (NOW PLAT CABINET I, SLIDE 29, PAGE 6), OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA; AND RUNS THENCE FROM SAID POINT OF BEGINNING WITH THE KLATT LINE, SOUTH 25 DEG. 00 MIN: EAST, 150 FEET TO AN IRON PIPE; THENCE SOUTH 31 DEG. 30 MIN. WEST, 237 FEET TO AN IRON PIPE ON THE NORTHEAST MARGIN OF AN ACCESS ROAD; THENCE WITH THE NORTHEAST MARGIN OF SAID ACCESS ROAD, NORTH 52 DEG. 26 MIN. WEST, 191 FEET TO AN IRON PIPE; THENCE WITH THE SOUTHEAST MARGIN OF ANOTHER ACCESS ROAD (WHICH ACCESS ROAD INTERSECTS WITH THE ACCESS ROAD ABOVE REFERRED TO), NORTH 18 DEG. 06 MIN. EAST, 240 FEET TO AN IRON PIPE; THENCE SOUTH 86 DEG. 00 MIN. EAST, 138 FEET TO THE POINT OF BEGINNING.
"PARTIES OF THE FIRST PART FURTHER CONVEY TO PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, THE RIGHT TO USE IN COMMON WITH THE PARTIES OF THE FIRST PART, THEIR HEIRS AND ASSIGNS, AND ALL OTHER PERSONS WHO NOW HAVE OR MAY HEREAFTER ACQUIRE THE RIGHT TO USE THE SAME, THE PRESENTLY EXISTING ACCESS ROADS HEREINABOVE REFERRED TO, TOGETHER WITH THE CONTINUATION THEREOF TO THE LAKE EMORY STATE ROAD.
"THIS CONVEYANCE IS MADE SUBJECT TO THE EASEMENTS AND RIGHTS DESCRIBED IN A DEED FROM MARGARET B. MCGUIRE TO LEONARD J. CODNER AND WIFE, DATED APRIL 11, 1960. AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MACON COUNTY, NORTH CAROLINA, IN DEED BOOK Q-6, PAGE 450 AND CONVEYS ALL RIGHTS IN REGARD TO THE USE OF LAKE EMORY AS CONVEYED THEREIN.
"THIS CONVEYANCE IS MADE SUBJECT TO THE FOLLOWING RESTRICTIONS:
#1. THE PROPERTY ABOVE DESCRIBED SHALL BE USED FOR RESIDENTIAL PURPOSES ONLY.
#2. ONLY ONE RESIDENCE AND ONE GARAGE OR CARPORT TO SERVE SAID RESIDENCE SHALL BE BUILT UPON ANY LOT IN SAID SUBDIVISION.
#3. EACH RESIDENCE SHALL CONTAIN AT LEAST 720 SQUARE FEET OF HEATABLE FLOOR SPACE.
#4. NO SHEET METAL ROOFING SHALL BE USED IN THE CONSTRUCTION OF ANY BUILDING UPON THIS PROPERTY AND THE OUTSIDE WALLS SHALL BE OF EITHER MASONRY, ASBESTOS. OR SIMILAR SIDING OR WEATHERBOARDING OR LIKE MATERIAL OF EQUAL VALUE OR BETTER.
#5. NO BUILDING SHALL BE BUILT UPON SAID PROPERTY DEIGNED FOR THE KEEPING OF LIVESTOCK OR POULTRY AND NO LIVESTOCK OR POULTRY OR OTHER ANIMAL, EXCEPT FOR HOUSEHOLD PETS, SHALL BE KEPT OR MAINTAINED ON THE PROPERTY.
#6. NO OUTSIDE TOILETS SHALL HE BUILT UPON SAID 'PROPERTY AND ALL SANITARY INSTALLATIONS SHALL BE IN COMPLIANCE WITH THE RULES AND REGULATIONS OF THE HEALTH DEPARTMENT OF THE STATE OF NORTH CAROLINA.
#7. NO RESIDENCE SHALL BE BUILT CLOSER THAN 5 FEET TO THE PROPERTY LINE OF ANY ADJOINING LAND OWNER OR ROAD RIGHT OF WAY.
#8. NO PART OF SAID PREMISES SHALL BE USED AS A JUNK YARD OR FOR ANY UNSANITARY OR OBNOXIOUS PURPOSE.
"THE RESTRICTIONS HEREIN CONTAINED ARE COVENANTS RUNNING WITH THE LAND AND SHALL BE IN EFFECT FOR A PERIOD OF 40 YEARS FROM THIS DATE".
THIS CONVEYANCE IS MADE SUBJECT TO EASEMENTS FOR EXISTING ROADWAYS AND UTILITY LINES AND FACILITIES, RESTRICTIONS OF RECORD AND TO APPLICABLE LAND USE LAWS AND ORDINANCES.
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 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, the tenant is liable for rent due under the rental agreement prorated to the effective date of the 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 BANK-RUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Robertson, Anschutz, Schneid, Crane &Partners, PLLC
110 Frederick St, Suite 200
Greenville, South Carolina 29607
Phone: (470) 321-7112, Ext. 204
Fax: 1-919-800-3528
RAS File Number: [23-171652]
4/17/24 & 4/24/24 | #809338