Legals

Legals

NOTICE OF SALE
17-SP-18
NORTH CAROLINA, GRAHAM COUNTY, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, FILE NO.: 17-SP-18, IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST EXECUTED BY MICHELLE W. SIMMONS AND ROBERT NAUGHTON, Grantor, Dated September 10, 2015, and recorded in Deed Book 345, Page 204, Graham County Registry, TO: MACK D. TALLANT, TRUSTEE for BENEFICIARY: PATTON PROPERTIES, LLC - NOTICE OF SALE - TAKE NOTICE THAT: Mack D. Tallant, Trustee, has begun proceedings to foreclose under the Deed of Trust referenced herein, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows: The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by Michelle W. Simmons and Robert Naughton, mortgagor, and recorded in the Office of the Graham County Register of Deeds in Deed Book 345, Page 204. The property will be sold by the Trustee at 11:30 a.m. on the 22nd day of September, 2017, at the front door of the Graham County Courthouse in the City of Robbinsville, North Carolina. The real property to be sold is described as follows: The one-half undivided interest in the following described tract of real property which was deeded to Robert Naughton in the deed recoded at Deed Book 345, Page 200, Graham County Registry: BEING located west of and adjoining US Highway 129 in Cheoah Township, Graham County, North Carolina, said tract of real property being more particularly described from the plat of survey entitled "The Division of the Property of Laura Phillips and J. L. Phillips", said plat of survey being dated June 1991, by Alan C. Carver, RLS L-2969, said plat of survey being hereby referred to for greater certainty and accuracy of description and incorporation herein and being more particularly described by metes and bounds from said plat of survey as follows: BEGINNING at a 22 inch Oak (set rebar witness bears North 03-42 West 2.4 feet) said 22 inch Oak being the Southwest corner of the tract of land herein conveyed and described and being a corner common with "Parcel B" as shown on the above referenced plat of survey, said 22 inch Oak lying North 08-07-45 West 209.12 feet from a 23 inch dead White Oak (set rebar witness bears North 07-56 West 1.5 feet), a tie, said beginning 22 inch White Oak being located near and East of a fence line and being on the common with the lands owned now or formerly by Cary Sellers Heirs (DB 58, PG 439) thence from said beginning 22 inch White Oak traveling North 02-37-57 East 298.29 feet to a 24 inch Red Oak lying near and West of the fence line (set rebar bears North 53-06 East 3.4 feet) thence North 29-09-07 East 49.04 feet to a point in an old fence: North 46-50-15 East 84.75 feet to an existing iron pipe; thence with the line common with the lands owned now or formerly by Kenneth McKeldrey (DB 106, PG 356) South 76-48-08 East 90.74 feet to a right of way monument; South 76-48-10 East 105.64 feet to a point in the center of US Highway 129 (a set rebar lying North South 76-48-10 West 12.00 feet from said point, a tie) thence with the centerline of US Highway 129: South 04-39-07 East 27.62 feet, South 07-57-09 East 71.01 feet; South 11-03-00 East 68.46 feet; South 14-09-29 East 69.04 feet; South 17-42-01 East 19.61 feet to a point in the centerline of US Highway 129, being a corner common with Parcel B as shown on the above referenced plat of survey, thence leaving the centerline of US Highway 129 and traveling thence with the line common with Parcel B as shown on the above referenced plat of survey, South 76-08-12 West 136.61 feet (passing an set rebar at 11.87 feet); South 71-05-50 West 217.75 feet back to the place and point of BEGINNING. Containing 2.20 acres, more or less and being designated as "Parcel A" on the above referenced plat of survey. SUBJECT TO the easement for the electrical transmission line as shown on the above referenced plat of survey; the easement for the existing utilities located upon the above described tract of real property; and the road right of way easement for U.S. Highway 129. FOR SOURCE of title see the deed recorded at Deed Book 345, Page 200, Graham County Registry being the same lands described and conveyed therein. Any property described in the Deed of Trust that is not being offered for sale is described as follows: The one-half undivided interest formerly owned by Michelle W. Simmons. Any buildings located on the above-described property are also included in the sale. The property will be sold by the Trustee to the highest bidder for cash. The highest bidder may be required to deposit in cash with the Trustee at the date and time of the sale the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00). All bidders bid for the property as is on the date of sale. Absolutely no warranties are made as to the condition, value or title of the property. While the Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests. The Note holder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Trustee. The property will be sold subject to any unpaid taxes and special assessments. The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish and all rights or interests in the property subordinate to the Deed of Trust. An order for possession of the property may be issued pursuant to NCGS 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 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 dated contained herein, 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 31st day of August, 2017. MACK D. TALLANT, Trustee, PO Box 1549, Robbinsville, North Carolina 28771, (828) 479-2442. (370423)

Legals

NORTH CAROLINA
GRAHAM COUNTY
Special Proceedings No. 17 SP 17
Substitute Trustee: Philip A. Glass

NOTICE OF FORECLOSURE
SALE

Date of Sale: September 26, 2017
Time of Sale: 11:30 a.m.
Place of Sale: Graham County Courthouse
Description of Property: See Attached Description
Record Owners: Jerilyn S. Dorr and Jerry A. Dorr
Address of Property: 7007 Tapoco Road
Robbinsville, NC 28771

Deed of Trust:
Book : 292 Page: 396
Dated: May 23, 2008
Grantors: Jerilyn S. Dorr and husband, Jerry A. Dorr
Original Beneficiary: State Employees' Credit Union CONDITIONS OF SALE: Should the property be purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1).

This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.

A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.

Residential real 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 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 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 not 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. 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.

Dated: 8/29/17

Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.

Posted on 8/29/17
SCHEDULE "A" / EXHIBIT "A"

IN YELLOW CREEK TOWNSHIP, Graham County, North Carolina, according to a Plat of Survey by Kenneth Pankow, L-2257, dated January 22, 1980 and from said Plat of Survey being more particularly described as follows:

BEGINNING at a point in the centerline of US Highway No. 129 in the line of USFS Tract 1047 A, a corner common to Mattie Sawyer, thence runs with a line common to the USFS, N 45-03 W 88.00 feet to an iron pin; thence runs with a line along or near the North right of way margin of US Highway No. 129 as follows: N 89-20 W 411.76 feet to a found right of way monument; thence N 89-20 W 21.00 feet to a point; thence N 15-00 W 203.15 feet to a point located in the line with Turbeville (Deed Book 49, Page 219); thence runs with a line common to Turbeville the following two courses and distances: S 70-25 W 120.00 feet to a marked Poplar located above a spring; N 76-18 W 114.56 feet to an iron pin set in a Hickory Stump on a ridge, a corner common to Turbeville and in the line of Tapoco, Inc.; thence runs with a line common to Tapoco, Inc. The following courses and distances: S 27-53 W 381.65 feet to a 2" iron pin; S 69-20 W 295.14 feet to a 2" iron pin; S 25-11 W 99.80 feet to a right of way monument and iron pin; S 30-40 W 112.17 feet to a point in the centerline of US Highway No. 129, a corner common to Tapoco, Inc., and Willard Sawyer; thence runs with the centerline of said US Highway No. 129 and a line common to Willard Sawyer, Bernice Watkins (Deed Book 94, Page 561) and Mattie Sawyer the following courses and distances: N 63-29 E 198.67 feet; N 78-56 E 201.62 feet; N 84-37 E 192.91 feet; N 81-33 E 411.96 feet; N 70-07 E 194.35 feet; N 57-49 E 198.78 feet to the BEGINNING, containing 7.23 acres.

LESS AND EXCEPTING from the above described real property the following tract of real property:

BEING BOUNDED on the North by Beacher Saywer (Deed Book 118, Page 239), on the West by now or formerly, Cone (Deed Book 102, Page 75), on the South by centerline of US Highway 129, on the East by USFS Tract 1047 A and being that same parcel or tract of property surveyed by James T. Herron, PLS L-907, entitled "Plat Prepared for Loise & Rebecca Cone", completed September 25, 2000, reference to which is hereby made, which property is more particularly described as follows:

BEGINNING on a point at the Eastern tip or corner of the premises herein, located in the centerline of US Highway 129 and running with said centerline for the following courses and distances: S 55-50-27 W 47.22 feet to a point, Radius 957.96 feet; S 65-31-29 W 322.28 feet, Arc Length: 323.82 feet, Tangent 163.47 feet, Delta 19-22-04 to a point; and S 75-12-31 W 22.00 feet to a point, thence leaving said centerline and running, N 31-15-28 W 272.40 feet to an iron rod set; thence S 89-20-00 E 21.00 feet to a point; thence S 89-20-00 E. 411.76 feet to an iron pin set; thence S 45-03-00 E 88.00 feet to a point in the centerline of US Highway 129 and place of BEGINNING, containing 1.63 acres.

FOR SOURCE OF TITLE see Deed Book 274, Page 202 & Deed Book 206, Page 591, Graham County Registry.

Parcel # 5634-00-00-0001
Property Address: 7007 Tapoco Road, Robbinsville, NC 28771 (369327)

Legals

NOTICE OF SALE OF REAL PROPERTY BY THE TOWN
OF LAKE SANTEETLAH

Date of Initial Publication: September 14, 2017
The public shall take notice that the Town of Lake Santeetlah has received an offer and proposes to accept said offer to sell a certain tract of surplus real property in the Town of Lake Santeetlah for the price of $750.00, with the Seller bearing the expense for publication notices, the property description, deed preparation and the recording fee. Buyer shall pay the purchase price prior to closing. Said real property is more particular described as that strip of real property located between the 1817 contour elevation line of Lake Santeetlah and Lot 21, Section 1A, Thunderbird Mountain Resort, being that 0.011 acre track as shown on the plat of survey by Sylvia E. Higdon, PLS, L-4369, dated June 29, 2017, entitled "Boundary Survey A Portion of DB 188 PG 799, Proposed Conveyance to Skyles & Ann Peldo Cargile" said plat of survey being on file with the Town of Lake Santeetlah Town Clerk for review. The Buyer shall bear the cost of the survey of the above described lands. In accordance with NCGS 160A-269, within ten (10) days of the publishing of this offer, any person may raise the bid for this property by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder. If the bid is raised the bidder shall deposit with the Town Clerk five percent (5%) of the increased bid and the Town Clerk shall then advertise the bid again at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Town of Lake Santeetlah may accept the offer and sell the property to the highest bidder. The Town of Lake Santeetlah may at any time reject any and all offers. Please contact Town of Lake Santeetlah Town Hall with any questions (828-479-8190).(372186)

Legals

NOTICE OF SALE OF REAL PROPERTY BY THE TOWN
OF LAKE SANTEETLAH
Date of Initial Publication: September 14, 2017

The public shall take notice that the Town of Lake Santeetlah has received an offer and proposes to accept said offer to sell a certain tract of surplus real property in the Town of Lake Santeetlah for the price of $750.00, with the Seller bearing the expense for publication notices, the property description, deed preparation and the recording fee. Buyer shall pay the purchase price prior to closing. Said real property is more particular described as that strip of real property located between the 1817 contour elevation line of Lake Santeetlah and Lot P-5, Section 7, Thunderbird Mountain Resort, being that 0.014 acre track as shown on the plat of survey by Sylvia E. Higdon, PLS, L-4369, dated July 17, 2017, entitled "Boundary Survey A Portion of DB 188 PG 799 & DB 306 @ PG 29, Eckhardt Family Trust" said plat of survey being on file with the Town of Lake Santeetlah Town Clerk for review. The Buyer shall bear the cost of the survey of the above described lands. In accordance with NCGS 160A-269, within ten (10) days of the publishing of this offer, any person may raise the bid for this property by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder. If the bid is raised the bidder shall deposit with the Town Clerk five percent (5%) of the increased bid and the Town Clerk shall then advertise the bid again at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Town of Lake Santeetlah may accept the offer and sell the property to the highest bidder. The Town of Lake Santeetlah may at any time reject any and all offers. Please contact Town of Lake Santeetlah Town Hall with any questions (828-479-8190).

Legals

NOTICE OF SALE OF REAL PROPERTY BY THE TOWN
OF LAKE SANTEETLAH

Date of Initial Publication: September 14, 2017
The public shall take notice that the Town of Lake Santeetlah has received an offer and proposes to accept said offer to sell a certain tract of surplus real property in the Town of Lake Santeetlah for the price of $750.00, with the Seller bearing the expense for publication notices, the property description, deed preparation and the recording fee. Buyer shall pay the purchase price prior to closing. Said real property is more particular described as that strip of real property located between the 1817 contour elevation line of Lake Santeetlah and Lot 16, Section 3, Thunderbird Mountain Resort, being that 0.017 acre track as shown on the plat of survey by Sylvia E. Higdon, PLS, L-4369, dated August 7, 2017, entitled "Boundary Survey A Portion of DB 188 PG 799, Proposed Conveyance to Ralph J. & Barbara K. Kruse" said plat of survey being on file with the Town of Lake Santeetlah Town Clerk for review. The Buyer shall bear the cost of the survey of the above described lands. In accordance with NCGS 160A-269, within ten (10) days of the publishing of this offer, any person may raise the bid for this property by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder. If the bid is raised the bidder shall deposit with the Town Clerk five percent (5%) of the increased bid and the Town Clerk shall then advertise the bid again at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Town of Lake Santeetlah may accept the offer and sell the property to the highest bidder. The Town of Lake Santeetlah may at any time reject any and all offers. Please contact Town of Lake Santeetlah Town Hall with any questions (828-479-8190). (372194)

Legals

NOTICE OF SALE OF REAL PROPERTY BY THE TOWN
OF LAKE SANTEETLAH

Date of Initial Publication: September 14, 2017
The public shall take notice that the Town of Lake Santeetlah has received an offer and proposes to accept said offer to sell a certain tract of surplus real property in the Town of Lake Santeetlah for the price of $750.00, with the Seller bearing the expense for publication notices, the property description, deed preparation and the recording fee. Buyer shall pay the purchase price prior to closing. Said real property is more particular described as that strip of real property located between the 1817 contour elevation line of Lake Santeetlah and Lot 12, Section 1A, Thunderbird Mountain Resort, being that 0.011 acre track as shown on the plat of survey by Sylvia E. Higdon, PLS, L-4369, dated June 19, 2017, entitled ?Boundary Survey A Portion of DB 188 PG 799, Proposed Conveyance to Jack D. Lovin? said plat of survey being on file with the Town of Lake Santeetlah Town Clerk for review. The Buyer shall bear the cost of the survey of the above described lands. In accordance with NCGS 160A-269, within ten (10) days of the publishing of this offer, any person may raise the bid for this property by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder. If the bid is raised the bidder shall deposit with the Town Clerk five percent (5%) of the increased bid and the Town Clerk shall then advertise the bid again at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the Town of Lake Santeetlah may accept the offer and sell the property to the highest bidder. The Town of Lake Santeetlah may at any time reject any and all offers. Please contact Town of Lake Santeetlah Town Hall with any questions (828-479-8190).

The Graham Star

Mailing address: P.O. Box 69, Robbinsville, NC 28771

Street address: 720 Tallulah Rd., Robbinsville, NC 28771

Phone number: 828-479-3383

Fax number: 828-479-1044