IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION CHEROKEE COUNTY 17SP72
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOSEPH J POTTS, JR AND MARYANN POTTS DATED JANUARY 27, 2012 AND RECORDED IN BOOK 01429 AT PAGE 0840 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 12:30PM on August 17, 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:
All that certain tract or parcel of land containing 1.15 acres, more or less, designated as Lot 15 and 16, Ranger Estates Subdivision, Notla Township, Cherokee County, North Carolina, the metes and bounds description being depicted on a survey plat dated October 5, 1982, by J.H. Rea, R.L.S., the metes and bounds description as recited thereon being:
BEGINNING on a nail (iron pin set) situate in the centerline of an existing subdivision access road, the southwest corner of Lot 14, the westernmost comer of Lot 15, the northwest corner of Lot 16 and runs thence with a line common to Lots 14 and 15 and with the centerline of the subdivision access road the following courses and distance: N 85-45 E 65.00 feet to an iron pin found, N 36-50 E 47.00 feet to an iron pin found, N 14-21 E. 103.00 feet to an iron pin found, N 60-25 E 30.00 feet to an iron pin found and S 87-37 E 78.08 feet to an iron pin set in the center of a cul-de-sac, the southeast corner of Lot 14, the southwest corner of Lot 13, the northwest corner of Lot 17 and the northeast corner of Lot 15; thence leaving said roadway, S 15-35 E 146.34 feet to an iron pin found and S 10- 25 W 230.46 feet to an iron pin set in the centerline of the aforesaid subdivision access road, the southeast corner of the herein-described lot at the southwest corner of Lot 18; thence along the meanders of the centerline of the aforesaid subdivision access road, N 53-41 W 129. 72 feet to an iron pin set and N 36-20 W 165.11 feet to the BEGINNING.
CONVEYED FURTHER is a non-exclusive, perpetual right-of-way and easement over and across the existing subdivision access roads through the Ranger Estates Subdivision, so as to provide vehicular ingress and regress to U.S. Highway 64 West. Title to the premises described herein is SUBJECT TO:
Covenants, restrictions, easement, reservations, terms and conditions governing Ranger Estates Subdivision as recited in that document dated January 17, 1980, as filed for record in Deed Book 412, Page 225, Cherokee County Registry.
That non-exclusive, perpetual, reciprocal right-of-way and easement over and across the appurtenant, existing subdivision access roads of Ranger Estates Subdivision as so to provide ingress and egress therefrom to U.S. Highway 64 West.
FOR SOURCE OF TITLE, reference Deed Book 659, Page 22, and Deed Book 640, Page 92,Cherokee County Registry.
And Being more commonly known as: 379 Ranger Estate Rd, Murphy, NC 28906The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Joseph J. Potts, Jr.
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 July 27, 2017.
Grady I. Ingle or Elizabeth B. Ells Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216