NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Anthony Deal aka Anthony Dewayne Deal and Trudy Deal aka Trudy Kathleen Deal dated October 31, 2014 and recorded on November 5, 2014, in Book 339 at Page 415, in the Office of the Register of Deeds of Graham County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned of Poore Substitute Trustee, LTD (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, on February 21, 2017 at 11:00 AM, 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 in the above referenced Deed of Trust:
Address of Property: 1027 Gladdens Creek Road, Robbinsville, NC 28771
Tax Parcel ID: 565300000057; 565300000022; 565300000028
Present Record Owner: Anthony Deal aka Anthony Dewayne Deal and Trudy Deal aka Trudy Kathleen Deal
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23.
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00). In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee?s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. 7A-308 (a) (1).
The real property described above is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as required by law.
If the Trustee or Substitute 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice where the Real Property is Residential with less than 15 Rental Units:
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 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 ten (10) days, but no more than ninety (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 such termination. (315784)