IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINA SUPERIOR COURT DIVISION
16 SP 38
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY PATRICIA L. CARBALLO AND MARIO L. CARBALLO DATED APRIL 22, 2011 AND RECORDED IN BOOK 1411 AT PAGE 124 IN THE CHEROKEE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on May 1, 2017 the following described real estate and any other improvements which may be situated thereon, in Cherokee County, North Carolina, and being more particularly described as follows:
THE FOLLOWING PARTICULARLY DESCRIBED REAL ESTATE, LOCATED IN CHEROKEE COUNTY, NORTH CAROLINA TO-WIT:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE AND LYING IN NOTLA TOWNSHIP, CHEROKEE COUNTY, NORTH CAROLINA, CONTAINING 1.0 ACRES, MORE OR LESS AND DESIGNATED AS LOT 13 ON PLAT OF SURVEY BY ADAMS SURVEYING, R.L.S. NO. L-2708, DATED APRIL, 1994 AND ENTITLED "THE PRESERVE ON NOTTELY RIVER", SAID PLAT BEING RECORDED IN PLAT CABINET C, SLIDE 72-C, CHEROKEE COUNTY REGISTER OF DEEDS, AND FROM SAID PLAT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE CENTERLINE OF NOTTELY RIVER ROAD AT THE NORTHEAST CORNER OF LOT 12 AND THE NORTHWEST CORNER OF LOT 13 IN THE LINE OF LOT 48 AND RUNS THENCE WITH LOT 12 THREE COURSES AND DISTANCES AS FOLLOWS: SOUTH 35 DEGREES 41 MINUTES WEST 30.18 FEET TO AN IRON ROD SET, SOUTH 35 DEGREES 41 MINUTES WEST 301.23 FEET TO AN IRON ROD SET ON THE BANK OF NOTTELY RIVER AND SOUTH 35 DEGREES 41 MINUTES WEST 64.80 FEET TO THE CENTER OF NOTTELY RIVER, BEING THE SOUTHEAST CORNER OF LOT 12 AND THE SOUTHWEST CORNER OF LOT 13; THENCE WITH THE CENTER OF NOTTELY RIVER, SOUTH 62 DEGREES 32 MINUTES EAST 104.68 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT 14 AND THE SOUTHEAST CORNER OF LOT 13; THENCE WITH THE LINE OF LOT 14 THREE COURSES AND DISTANCES AS FOLLOWS: NORTH 37 DEGREES 38 MINUTES EAST 60.86 FEET TO AN IRON ROD SET ON THE BANK OF NOTTELY RIVER, NORTH 37 DEGREES 38 MINUTES EAST 310.25 FEET TO AN IRON ROD SET NEAR THE RIGHT OF WAY OF NOTTELY RIVER ROAD AND NORTH 37 DEGREES 38 MINUTES EAST 33.04 FEET TO THE CENTERLINE OF NOTTELY RIVER ROAD, BEING THE NORTHWEST CORNER OF LOT 14 AND THE NORTHEAST CORNER OF LOT 13 IN THE LINE OF LOT 48; THENCE WITH THE CENTERLINE OF NOTTELY RIVER ROAD AND A LINE COMMON TO LOT 48, NORTH 70 DEGREES 26 MINUTES WEST 64.02 FEET AND NORTH 59 DEGREES 18 MINUTES WEST 56.08 FEET TO THE POINT AND PLACE OF BEGINNING, CONTAINING 1.0 ACRES MORE OR LESS.
ANY AND ALL NOTATIONS SET FORTH ON SAID PLAT OF SURVEY BY ADAMS SURVEYING, R.L.S. NO. L-2708, DATED APRIL, 1994 ARE HEREBY INCORPORATED BY REFERENCE.
THE ABOVE PROPERTY IS SUBJECT TO COVENANTS AND RESTRICTIONS RECORDED IN BOOK 706, PAGE 30, AMENDED IN BOOK 798, PAGE 79 AND AMENDED IN BOOK 999, PAGE 664, CHEROKEE COUNTY REGISTRY.
SUBJECT TO POWER LINE EASEMENT IN FAVOR OF BLUE RIDGE MOUNTAIN EMC RECORDED IN BOOK 702, PAGE 44, CHEROKEE COUNTY REGISTRY.
TOGETHER WITH AND SUBJECT TO A NON-EXCLUSIVE, PERPETUAL RIGHT TO USE ALL ROADS IN THE PRESERVE ON NOTTELY RIVER FOR PURPOSES OF INGRESS, EGRESS, REGRESS AND FOR UTILITIES, ALL AS SHOWN ON PLATS OF SURVEY RECORDED IN CABINET C, SLIDE 72-A, 72-B, 72-C AND 72-D, THE MAIN ACCESS ROADS BEING NOTTELY RIVER ROAD (THE MAIN SUBDIVISION ROAD LEADING TO S.R. NO. 1596, BEING COOK BRIDGE ROAD), MAGGIE DRIVE, STONE CREST LANE AND AUDREY LANE; ALL OF SAID MAIN ACCESS ROADS HAVING A 50 FOOT RIGHT OF WAY, 25 FEET EACH SIDE OF THE CENTERLINE THEREOF; EXCEPT THAT NOTTELY RIVER ROAD, THE MAIN SUBDIVISION ROAD, HAS A 45 FOOT RIGHT OF WAY FROM S.R. NO. 1596 TO THE BOUNDARY LINE OF THE PRESERVE ON NOTTELY RIVER, AS SET OUT IN EASEMENT RECORDED IN BOOK 634, PAGE 75, CHEROKEE COUNTY REGISTRY.
ALSO HEREIN CONVEYED IS A ONE-FIFTY-SIX (1/56) INTEREST IN AND TO THE TWO COMMON AREAS AS SHOWN ON SAID PLAT OF SURVEY BY ADAMS SURVEYING, R.L.S. NO. L-2708, DATED APRIL, 1994 AND RECORDED IN PLAT CABINET C, SLIDE 72-A, CHEROKEE COUNTY REGISTER OF DEEDS. SAID COMMON AREAS ARE TO BE GOVERNED IN ACCORDANCE WITH THE COVENANTS AND RESTRICTIONS RECORDED IN BOOK 706, PAGE 30, CHEROKEE COUNTY REGISTRY AND IN ACCORDANCE WITH THE BY-LAWS OF THE PRESERVE ON NOTTELY RIVER SUBDIVISION HOMEOWNERS ASSOCIATION, INC.
SUBJECT TO RIGHTS OF OTHER OWNERS IN THE PRESERVE ON NOTTELY RIVER IN AND TO THE USE OF THE TWO COMMON AREAS AS SHOWN ON SAID PLAT OF SURVEY BY ADAMS SURVEYING, R.L.S. NO. L-2708, DATED APRIL, 1994 AND RECORDED IN PLAT CABINET C, SLIDE 72-A, CHEROKEE COUNTY REGISTER OF DEEDS.
SUBJECT TO THE RIGHTS OF UPPER AND LOWER RIPARIAN OWNERS AS TO THE FLOWAGE OF ANY CREEK, STREAM OR BRANCH THAT MAY CROSS SAID PROPERTY. SUBJECT TO RIGHT OF WAY EASEMENT LEADING FROM S.R. NO. 1596 TO THE PRESERVE ON NOTTELY RIVER AS RECORDED IN BOOK 634, PAGE 75, CHEROKEE COUNTY REGISTRY.
THE GRANTEES, BY ACCEPTANCE OF THIS DEED, AGREE THAT ANY POWER LINE FROM NOTTELY RIVER ROAD TO THEIR LOT/BUILDING WILL BE AN UNDERGROUND POWER LINE UNLESS OTHERWISE APPROVED BY THE DEVELOPER, L.B. LAND AND TIMER CO., INC. THIS RESTRICTION SHALL BE APPLICABLE FOR LOT 1 THROUGH LOT 17 OF THE PRESERVE ON NOTTELY RIVER.
FOR SOURCE OF TITLE REFERENCE DEED BOOK 716, PAGE 29, CHEROKEE COUNTY, NC REGISTRY.
BEING THAT PARCEL OF LAND CONVEYED TO MARIO L. CARBALLO AND WIFE, PATRICIA L. CARBALLO FROM LEONARD D. CAIN AND WIFE, HASELTINE B. CAIN BY THAT DEED DATED 06/09/2003 AND RECORDED 06/16/2003, IN BOOK 1045, AT PAGE 100 OF THE CHEROKEE COUNTY, NC PUBLIC REGISTRY.
And Being more commonly known as: 396 Preserve Rd, Murphy, NC 28906
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Mario L. Carballo and Patricia L. Carballo.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is April 10, 2017.
Grady I. Ingle or
Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
IN THE GENERAL COURT OF JUSTICEOF NORTH CAROLINA SUPERIOR COURT DIVISION