AMENDED NOTICE OF FORECLOSURE SALE
Last updated 8/26/2020 at 5:12pm
AMENDED NOTICE OF FORECLOSURE SALE
20 SP 35
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Maria Aiken Franks, William Carl Franks (PRESENT RECORD OWNER(S): Maria Aiken Franks and William Carl Franks) to PRLAP, Inc., Trustee(s), dated October 4, 2007, and recorded in Book No. DOC 431, at Page 258 in Transylvania County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Transylvania County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at in Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on September 3, 2020 and will sell to the highest bidder for cash the following real estate situated in Rosman in the County of Transylvania, North Carolina, and being more particularly described as follows:
Beginning at a 3/4 inch existing iron pipe on the edge of a gravel driveway, said beginning point also being the southern corner of the property now or formerly belonging to Della M. Aiken as that property is more particularly described in Deed Book 168, Page 263, Transylvania County Registry and runs from said beginning point, South 43 degrees 16 minutes 03 seconds East 223.34 feet to a 3/4 inch existing iron pin at the top of a bank; thence with the line of the property now or formerly belonging to Warren G. Galloway as that property is more particularly described in Deed Book 260, Page 786, Transylvania County Registry, South 62 degrees 52 minutes 27 seconds West 125.35 feet to a concrete monument found; North 25 degrees 16 minutes 09 seconds West 24.63 feet to a nail set; thence generally with the eastern margin of a 12 feet wide gravel driveway, North 01 degree 39 minutes 49 seconds West 137.52 feet to a 1/2 inch existing iron pin; North 15 degrees 22 minutes 27 seconds West 38.82 feet to a 1/2 inch existing iron pipe and North 36 degrees 28 minutes 43 seconds West 28.12 feet to the point of beginning. Being .28 acres as shown on a plat of a survey by Michael L. Petti, RLS, dated July 7, 1993, Drawing No. 93-42. Together with improvements located thereon; said property being located at 37 Camden Way, Rosman, North Carolina.
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.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in its sole discretion, if it believes the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice for Residential 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 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 foreclosure 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 this 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Phone No: (910) 864-3068
Firm Case No: 2914 - 7073