NOTICE OF FORECLOSURE SALE
Last updated 10/7/2020 at 5:04pm
NOTICE OF FORECLOSURE SALE
20 SP 43
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Derick A. Laughter, Davida M. Laughter (PRESENT RECORD OWNER(S): Derick A. Laughter and Davida M. Laughter) to Staton Law Firm, Trustee(s), dated March 1, 2017, and recorded in Book No. DOC 795, at Page 740 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 the courthouse door in Brevard, Transylvania County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on October 22, 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 3/4” inch existing iron pin located in the margin of the right of way line of Old Highway 64, the northwestern corner of the property now or formerly belonging to David E. Bryant as that property is more particularly described in Deed Book 372, Page 445, Transylvania County Registry and runs with the right of way line Old Highway 64, North 77 deg 00 min 58 sec West 89.93 feet to a concrete monument found on the right of way line of Old Highway 64, the northeast corner of the property now or formerly belong to Jarrett Bros, Inc., as that property is more particularly described in Deed Book 319, Page 135, Transylvania County Registry and then runs generally with an old wire fence the following three (3) calls; South 5 deg 12 min 52 sec East 25.41 feet to a 5/8” existing iron rod; South 14 deg 50 min 06 sec East 82.04 feet to a 3/4” existing iron pipe; South 22 deg 51 min 03 sec East 37.23 feet to a 5/8” inch existing iron rod; thence leaving the fence line South 10 deg 50 min 49 sec East 53.08 feet to a 5/8” existing iron rod; South 10 deg 50 min 49 sec East 9.92 feet to an unmarked point in the center of the branch; thence with the center of the branch North 55 deg 37 min 25 sec East 20.22 feet; thence leaving the branch North 7 deg 10 min 49 sec East 13.92 feet to a bent 1/2” existing iron pipe buried; North 7 deg 10 min 49 sec East 156.58 feet to the POINT OF BEGINNING. Containing .22 acres as shown on a plat of a survey by Michael L. Pettit, RLS, dated September 6, 1994, drawing No, 94-65. Together with improvements located thereon; said property being located at 550 Pickens Highway, Rosman, North Carolina.
BEING all of that property more particularly described in Deed Book 230, Page 727, Transylvania County Registry.
AND BEING all that property as recorded in Deed Book 380, Page 98 of the Transylvania County Registry.
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.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANK-RUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIRE-MENT AND FOR INFORMATIONAL PUR-POSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
SUBSTITUTE TRUSTEE SERVICES, INC.
Attorney at Law
Hutchens Law Firm LLP
Attorneys for Substitute Trustee Services, Inc.
PO Box 1028
Fayetteville, NC 28302
Telephone: (910) 864-6888
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Phone No: (910) 864-3068
Firm Case No: 3561 - 9915