NOTICE OF FORECLOSURE
17 SP 25
Under and by virtue of the power of sale contained in a certain Deed of Trust made by James Gregory Jones to National Title Network, Trustee(s), dated the 14th day of January, 2012, and recorded in Book 318, Page 337, in Graham 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 Graham 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 Robbinsville, Graham County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on November 16, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of Graham, North Carolina, and being more particularly described as follows:
The land referred to herein below is situated in the County of Graham, State of North Carolina, and is described as follows: Beginning at a point designated as "Beginning Corner" on that survey map entitled "Boundary Survey for North Carolina Department of Transportation, Wolf Creek Community, Stecoah Township, Graham County, NC", prepared by Gene C. Evans PLS L-2928 dated December 22, 2004, said point located South 49 deg, 29' 20" West 68.66 feet from a right of way monument located in the existing Southeastern right of way boundary of NC 28 and being approximately 66.79 feet Southeasterly of and normal to survey station 46+95.00 survey line L-REV on State Highway project 8.T930202, Graham Country; thence South 18 deg 14' 59" East 75.33 feet to an IPS; thence South 44 deg 00' 01" West 267.23 feet to an EIF; thence South 08 deg 19' 23" East 14.40 feet to an EIF; thence South 08 deg 19' 23" East 10.41 feet to an EIF; thence South 71 deg 55' 14" East 32.77 feet; thence North 83 deg 25' 32" East 133.18 feet; thence South 62 deg 47' 43" East 78.93 feet; thence South 48 deg 35' 30" East 14.62 feet; thence South 51 deg 49' 38" East 23.18 feet to a point in the centerline of Wolf Creek; thence South 36 deg 11' 21" West 93.00 feet to an EIF; thence South 87 deg 27' 46" West 99.09 feet to an EIF; thence North 59 deg 59' 59" West 57.09 feet to an EIF; thence North 28 deg 30' 00" West 70.68 feet to an existing white plastake; thence North 76 deg 57' 05" West 91.48 feet to an EIF; thence South 61 deg 44' 29" West 25.18 feet to an EIF; thence North 56 deg 30' 53" West 80.14 feet to and IPS; thence North 44 deg 54' 24" East 129.26 feet to a right of way marker; thence North 49 deg 29' 20" East 288.79 feet to the point and place of beginning and containing 1.37 acre more or less. Together with improvements located thereon; said property being located at 4862 NC Highway 28 North, Almond, North Carolina. The above described property is subject to all easements as acquired by the departments of transportation in that consent judgment dated December 21, 2001 and recorded in Deed Book 214 at Page 220 of the Graham County Registry. ??Parcel ID: 660200000700
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 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: 1216524 (FC.FAY)