Legals

Legals
IN THE GENERAL COURT OF J ...

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION
CHEROKEE COUTY
17SP10 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BETTY J. MILES AND MICHAEL C. MILES DATED JUNE 13, 2003 AND RECORDED IN BOOK 1046 AT PAGE 249 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 1:30PM on March 29, 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:
Tract 1:All that certain parcel of land situate in the Township of Notla, County of Cherokee, and State of North Carolina, containing 1.00 acres, and being more particularly described according to a plat of survey dated April, 1995, by L.B. Adams, R.L.S. and from said plat described as follows:
Beginning on an iron rod found situate in a line common to Lot 1 of Dickey Hills, said beginning corner being situate N 66-26 W 43.87 feet from a point in the centerline of N.C.S.R #1124 known as Dickey Road, and runs thence from said beginning corner and with a line common to Lot 1 of Dickey Hills N 66-26 W 149.38 feet to an iron rod found; thence running with a line common to Lot 3, Dickey Hills N 66-22 W 80.44 feet to an iron rod found; thence running with a line common to an adjoining 0.06 acre tract as described in Tract 2, S 45-12 W 154.21 feet to a point at or near the East bank of a branch; thence S 27-47 E 35.56 feet to a point in the centerline of said branch; thence running with the centerline of said branch the following courses and distances: S 04-23 E 17.63 feet, S 31- 47 E 14.25 feet, S 77-59 E 7.81 feet, N 72-25 E 22.36 feet and S 72-21 E 38.62 feet to a point of intersection of the centerline of said branch with the centerline of N.C.S.R. #1124; thence running with the centerline of said State Road N 51-35 E 130.87 feet and N 63-39 E 50.78 feet to a point in said road centerline; thence turning and leaving said road and running with a line common to Lot 1, Dickey Hills N 66-26 W 43.87 feet to the beginning.
The above described tract is subject to the right of way and easement for N.C.S.R. #1124.
Tract II:All that certain parcel of land situate in the Township of Notla, County of Cherokee, and State of North Carolina, containing 0.06 acres, and being more particularly described according to a plat of survey dated April, 1995, by L.B. Adams, R.L.S. and from said plat described as follows:Beginning on an iron rod found which is a corner common to Lot 3 of Dickey Hills and the 1.00 acre tract as above described, said beginning corner being situate N 66-22 W 80.44 feet from an iron rod found which is a corner common to Lots 1 and 3 of Dickey Hills and which is situate in the Northeast boundary line of the above described Tract 1, and runs thence from said beginning corner and with a line common to Lot 3, Dickey Hills S 59-45 W 147.59 feet to an iron rod found; thence S 27-47 E 38.76 feet to a point at or near the East bank of a branch; thence running with a line common to the above described 1.00 acre tract N 45-12 E 154.21 feet to the beginning.
The above described Tract 2 is conveyed herewith with no warranty and Grantors do not warrant nor shall they defend the title to said Tract 2 against the lawful claims of any persons whomsoever.TaxID: 456003021685000
And Being more commonly known as: 1142 Dickey Rd, Murphy, NC 28906The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Michael C. Miles and wife, Betty J. Miles.
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 March 8, 2017.
Grady I. Ingle or Elizabeth B. Ells Substitute Trustee1
0130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/17-088960
(326938)

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