NOTICE OF FORECLOSURE SALE
Last updated 9/2/2020 at 5:51pm
19 SP 49
NOTICE OF FORECLOSURE SALE
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by NOAH’S A.R.C., Inc. dated February 24, 2006, recorded on February 28, 2006 in Book 336, Page 133 of the Transylvania County Public Registry conveying certain real property in Transylvania County to MTNBK, LTD, Trustee, for the benefit of Carolina First Bank.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the COURTHOUSE DOOR OF THE COUNTY COURTHOUSE where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 8, 2020 at 3:00 PM, and will sell to the highest bidder for cash the following described property situated in Transylvania County, North Carolina, to wit:
BEGINNING at an iron pin located in the eastern margin of Ecusta Road (SR 1512) and South 00 deg. 12 min. 53 sec. East 583.69 feet from NCGS Mon. “Olin,” having grid coordinates of N 572877.781 and E 894079.626, and running thence from said point of beginning, South 82 deg. 00 min. 50 sec. East 269.50 feet to an iron pin; thence South 09 deg. 51 min. 27 sec. East 196.80 feet to an iron pin; thence North 87 deg. 56 min. 05 sec. West 324.29 feet to a point in the eastern margin of Ecusta Road (SR 1512); thence, with the eastern margin of Ecusta Road, North 06 deg. 06 min. 23 East 220.09 feet to the point and place of BEGINNING, and containing 1.40 acres, more or less, and also being all of that property depicted as “Noah’s ARC Tract” on plat of record in File 11, Slide 616 in the Office of the Register of Deeds for Transylvania County, North Carolina, reference to which plat is hereby made for a more particular description.
THERE IS ALSO CONVEYED an easement for the purposes of ingress, egress and regress from the eastern margin of the above described property to Ecusta Road (SR 1512), said easement lying across that unnamed road leading from Ecusta Road to the northeastern corner of the above described tract as shown on that plat of record in Plat File 11, Slide 616 in the Office of the Register of Deeds for Transylvania County, North Carolina, reference to which plat is hereby made for a more particular description.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 451 Ecusta Road, Brevard, NC 28712
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, payable to Bell Carrington Price & Gregg, PLLC, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Third party purchasers must pay the excise tax and THE RECORDING COSTS FOR THEIR DEED.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.” There are no representations of 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. This sale is made subject to any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are NOAH’S A.R.C., Inc.
An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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 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 the tenant provides the notice of termination. The notice shall also state that 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 [N.C. Gen. Stat. § 45-21.16(b)(2)]. 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.
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 their sole discretion, if they believe 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.
Cape Fear Trustee Services, LLC, Substitute Trustee
NCSB No. 50979
NCSB No. 48633
5550 77 Center Drive, Suite 100
Charlotte, NC 28217