Last updated 4/7/2021 at 3:42pm


20 SP 34

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Elaine W. Bailey (PRESENT RECORD OWNER(S): Elaine W. Bailey) to Mark C. McVearry, Trustee(s), dated May 11, 2005, and recorded in Book No. DOC 288, at Page 434 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 April 15, 2021 and will sell to the highest bidder for cash the following real estate situated in Brevard in the County of Transylvania, North Carolina, and being more particularly described as follows:

BEING all of Lot No. 28 of Unit 6 of Connestee Falls Development as shown by plat thereof for Elaine W. Bailey, recorded in Plat File 9, Slide 307, records of plats in the Office of the Register of Deeds for Transylvania County, North Carolina. Together with improvements located thereon; said property being located at 68 Ossarooga Court, Brevard, North Carolina.

Subject to the privileges and mutual and beneficial restrictions, covenants, equitable servitudes and charges set forth in the Third Restatement of Declaration of Restrictive Covenants for Connestee Falls recorded in Book 421, Page 161, Records of Deeds for Transylvania County, North Carolina, and by all subsequent amendments and supplemental declarations thereto appearing of record in the Office of the Register of Deeds for Transylvania County,

This conveyance is made subject to the rights-of-way of all roads which may presently traverse the property, to all road rights of way which may presently appear of record, to the rights-of-way of all utility lines which may presently traverse the property and to all rights of way for public utilities which may presently appear of record.

Subject to the right-of entry more particularly described in Deed Book 237, Page 40, Transylvania County Registry.

Being all of the property more particularly described in Book 386, Page 146, Transylvania County Registry.

Property address: 68 Ossarooga Court, Brevard, NC 28712

Parcel Identification No .: 2582-37-Y560-000

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.



c/o Hutchens Law Firm

P.O. Box 1028

4317 Ramsey Street

Fayetteville, North Carolina 28311

Phone No: (910) 864-3068


Firm Case No: 3167 - 7835

T/4/1/2TC - 75800


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