NOTICE OF FORECLOSURE SALE
Last updated 10/21/2020 at 4:11pm
NOTICE OF FORECLOSURE SALE
20 SP 42
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Martha E. Galloway, Heirs of Martha E. Galloway: Ginger Jones a/k/a Ginger Lance, Cryshtal Jones Avera, David Bowden a/k/a Dave Bowden (PRESENT RECORD OWNER(S): Martha E. Galloway) to Michael Lyon, Trustee(s), dated September 7, 2016, and recorded in Book No. DOC 776, at Page 548 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 November 5, 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:
Tax Id number(s): 8551793452000
Land situated in the County of Transylvania in the State of NC
Beginning at an iron pin located in the east margin of Highway No. 178, common corner of the property herein described and the property now or formerly belonging to Lewis Morgan, and runs thence with the East margin of Highway No. 178, the following seven calls: South 14 degrees 52 minutes East 64.22 feet to a stake; South 22 degrees 34 minutes East 107.17 feet to a stake; South 27 degrees 02 minutes East 119.12 feet to a stake; South 31 degrees 08 minutes East 115.1 feet to a stake; South 35 degrees 51 minutes East 86.44 feet to a stake; South 40 degrees 06 minutes East 103.83 feet to a stake and South 42 degrees 30 minutes East 201.75 feet to a stake near a culvert which runs under said highway; thence a new line running with a ditch which empties into Middle Fork Creek, the following four calls: North 63 degrees 04 minutes East 33.51 feet to a stake; North 38 degrees 56 minutes East 78.46 feet to a stake; North 28 degrees 28 minutes East 107.33 feet to a stake; and North 30 degrees 52 minutes West 522.13 feet to a stake in the ditch on the South bank of Middle Fork Creek; thence North 41 degrees 10 minutes West 181.39 feet to a point located in the center of Middle Fork Creek; thence North 38 degrees 02 minutes West 63.64 feet to a stake located near the West bank of Middle Fork Creek, a corner of the property now or formerly belonging to Lewis Morgan; thence with the line of the Lewis Morgan property the following four calls: South 33 degrees West 25 feet to a stake; South 45 degrees East 22 feet to a stake in a ditch; South 33 degrees West 172 feet to a stake in a ditch and North 44 degrees 30 minutes West 54.7 feet to the beginning, containing 4.206 acres, more or less, as surveyed and platted by P.R. Raxter, RLS, on February 18, 1972. Together with improvements located thereon; said property being located at 3025 Pickens Highway, Rosman, North Carolina.
The property address and tax parcel identification number listed are provided solely for informational purposes.
NOTE: The Company is prohibited from insuring the area or quantity of the land. The Company does not represent that any acreage or footage calculations are correct. References to quantity are for identification purposes only.
Commonly known as: 3025 Pickens Highway, Rosman, NC 28772-9825
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: 2773 – 6567