NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
MACON COUNTY
23 SP 128
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Charles T. Land and Tonya M. Land dated April 21, 2017 recorded on April 21, 2017 in Book CRP X-37, Page 597 of the Macon County Public Registry (Deed of Trust), conveying certain real property in Macon County to Jones, Key, Melvin and Patton, P.A., Trustee, for the benefit of BBMC Mortgage A Division of Bridgeview Bank Group. Default having been made of the note thereby secured by the said Deed of Trust, and the undersigned, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on April 22, 2024 at 1:30 PM, 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 certain deed dated March 3, 2008 from Robbin J. Olson, a single person to Kenneth J. Alter and wife, Paula L. Alter, recorded in Book C-32, Pages 1693-1695, Macon County Registry and being more particularly described therein as follows: Being the same lands, easements, privileges and appurtenances as described in and conveyed by that deed dated June 9, 2006 from Gerald Mays and wife, Patricia E. Mays to Robbin J. Olson, recorded in Book J-30, Pages 968-970, Macon County Registry and being described therein as follows: Being a portion of the real property as described in and conveyed by the deed dated June 5, 1999 from Horace G. Gentry and wife, Nadine Gentry to Gerald Mays and wife, Patricia Mays, recorded in Book J-23, Page 1160, Macon County Publi c Registry, and being more particularly described as follows: Beginning at an existing iron pipe on the wet margin of State Road 1150 (Jones Ridge Road), being the point of beginning of the lands described in the deed hereinabove referred to and runs thence from said point of Beginning with the boundary of the lands now or formerly owned by Cleta Ledford, South 63-06-00 West 258.13 feet to an iron rod set; runs thence a divisional line North 22-19-07 West, passing an iron rod set at 298.96 feet, whole distance 336.38 feet to a point in the centerline of the 60 foot right of way for June Road; runs thence with the centerline of the same as follows: South 75-37-14 East 38.25 feet; South 85-41-14 East 58.64 feet; North 66-37-46 East 27.10 feet and North k43-24-46 East 95.42 feet to p.k. nail set on the west margin of State Road 1150 (Jones Ridge Road) where it is intersected by the centerline of the right of way for June Road; runs thence with the west margin of State Road 1150 (Jones Ridge Road), South 33-25-30 East 312.18 feet to the point of beginning, containing 1.56 acres, as shown on a survey map by Larry T. Turlington, P.L.S., Turlington Land Surveying, P.A., dated October 27, 1998 and thereafter revised, project No. 98-10-26-100. Grantors further convey unto Grantee, his heirs, successors and assigns, and reserves unto Grantors, their heirs, successors and assigns, the right to use in common with all others who have or may in the future acquire the right to use the same, an easement and right of way for roadway, 60 feet in width, for the road known as June Road, the centerline of which forms the Northern boundary of the above described lands. This conveyance is made subject to the restrictions and conditions set forth in the deed first hereinabove referred to as follows: 1. The lands hereby conveyed shall be used for residential purposes only, and no structure shall be erected, altered, placed or permitted to remain upon said lands other than one sing le family dwelling together with a garage, tool shed or other customary building to serve said dwelling. 2. Each dwelling shall contain a minimum of 1200 square feet of floor space. 3. The use of the structure shall not include any activity normally conducted as a business. 4. No trailer mobile home or camper shall at any time be installed or allowed to remain upon said property for the use as a residence, either temporary or permanent. 5. All vehicles, travel trailers or boats shall be stored in an enclosed area out of the public view. 6. No part of said lands shall be used as a junk yard or dumping ground for trash or rubbish or any unsightly or obnoxious purpose. 7. It is further expressly understood and agreed between the parties hereto, their heirs and assigns, that the roadway hereinabove described shall be for the use of the parties hereto, their heirs, successors and assigns, paying a proportionate share of the cost of maintenance and upkeep of said roadway. 8. Any an d all building blocks used in the construction of houses and/or other buildings shall be covered with a suitable facing and will not be left exposed, to enhance the aesthetic appearance of the subdivision. 9. It is further expressly understood and agreed between the parties hereto, that the purchaser herein and hereafter to be the owner of the property will become a member of a Homeowners Association if and when one is formed. 10. It is further expressly understood and agree between the parties hereto, that any and all house plan or plans for improvement to be made upon the property in accordance with the covenants and restrictions contained herein must be approved by the developer until such time as a Homeowners Association is formed. If and when a Homeowner's Association is formed then and in the event said plans must be approved by said Homeowner's Association. This conveyance is made subject to the right of way of State Road 1150 (Jones Ridge Road). Subject to ease ments for existing roadways and utility lines and facilities, to restrictions of record, and to applicable land use laws and ordinances. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 375 June Road, Franklin, NC 28734; PIN: 6583483896 A deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, payable to Bell Carrington Price & Gregg, PLLC, 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. Pursuant to N.C. Gen. Stat. § 45-21.30, if the highest bidder at the sale, resale, or any upset bidder fails to comply with its bid upon the tender of a deed for the real property, or after a bona fide attempt to tender such a deed, the clerk of superior court may, upon motion, enter an order authorizing a resale of the real property. T he defaulting bidder at any sale or resale or any defaulting upset bidder is liable for the bid made, and in case a resale is had because of such default, shall remain liable to the extent that the final sale price is less than the bid plus all the costs of any resale. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under N.C. Gen. Stat. § 45-21.30. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be 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 any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owners of the property are Charles T. Land and Tonya M. Land. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent du e under the rental agreement prorated to the effective date of the termination [N.C. Gen. Stat. § 45-21.16(b)(2)]. 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. Cape Fear Trustee Services, LLC, Substitute Trustee, Attorney Aaron Seagroves, NCSB No. 50979 Matthew Cogswell, NCSB No. 58827 5550 77 Center Drive, Suite 160 Charlotte, NC 28217 PHONE: 980-201-3840 File No.: 23-56233 59829#e No.: 23-56233 59829
04/10/2024-04/17/2024 #801353
