Legals

Legals
12 SP 108 AMENDED NOTICE ...

12 SP 108
AMENDED NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
CLAY COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Doug Pool and Manuel Sardinas to Stephanie McConnell, P.C., Trustee(s), which was dated November 5, 2007 and recorded on November 8, 2007 in Book DT N10 at Page 13, Clay County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 February 16, 2017 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Clay County, North Carolina, to wit:
All that tract or parcel of land lying and being in Brasstown Township, of Clay County, North Carolina, being Lot 14, containing 1.95 acres, more or less, of Section III, Quail Cove Subdivision as shown on a plat of survey by Lane S. Bishop & Associates, Lane S. Bishop, R.L.S. dated April 17, 1990, as revised May 2, 1990 and filed for record May 7, 1990 in Plat Cabinet 2, Slide 559 in the Office of the Register of Deeds, Clay County, North Carolina records, reference to said plat of survey being made hereby for incorporation herein of a more particular legal description.
Also herein conveyed is a non-exclusive, perpetual right of way and easement 60 feet in width, 30 feet on each side of the centerline thereof, over and across the existing subdivision access roads, known as Pheasant Trail, Grouse Lane, Quail Cove Circle and Snipe Hollow, and which lead to the above described tract, for the purpose of ingress, egress regress and utilities from the above described tract to N.C.S.R. #1126 all as is more particularly depicted on the aforementioned plat of survey.
Subject to North Carolina Department of Transportation Right of way as recorded in Deed Book 97, Page 46 and Deed Book 97, Page 48 in the Office of the Register of Deeds, Clay County, North Carolina records.
Subject to Easement in favor of Blue Ridge Mountain EMC as recorded in Deed Book 140, Page 134 in the Office of the Register of Deeds, Clay County, North Carolina records.
This conveyance is made subject to and together with by this reference the covenants, restrictions, easements, terms and conditions governing Quail Cove Subdivision, as set forth in Deed Book 145, Page 229, Clay County, North Carolina Registry, reference to which is made hereby for incorporation herein pursuant to the fourth paragraph thereof.
This conveyance is made subject to those amendments to covenants, conditions and restrictions as recorded in Deed Book 213, Page 307-310, Deed Book 215, Page 4, Deed Book 266, Page 260 and Deed Book 293, Page 174 in the Office of the Register of Deeds, Clay County, North Carolina records.
Excepting and Reserving from this conveyance is a non-exclusive, perpetual right of way and easement 60 feet in width, 30 feet on each side of the centerline thereof, over and across the existing access roads known as Pheasant Trail, Grouse Lane, Quail Cove Circle and Snipe Hollow, and which lead to the above described tract, for the purpose of ingress, egress regress and utilities from the above described tract to N.C.S.R. #1126.
For background reference see Deed Book 312, Page 20, Clay County Registry of Deeds.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 456 Quail Cove Circle, Warne, NC 28909.
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, 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 all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Manuel Sardinas and Doug Pool.
An Order for possession of the property may be issued pursuant to 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 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 [NCGS 45-21.16A(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.
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 10-14172-FC02
ccp-315028

Legals
16 SP 58 NOTICE OF FORECL ...

16 SP 58
NOTICE OF
FORECLOSURE SALE
NORTH CAROLINA,
CLAY COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jeffrey Alan Cort a/k/a Jeffrey Cort and Julie Anne Cort a/k/a Julie Cort and The Jeffrey Cort and Julie Cort Revocable Trust Agreement dated February 16, 2008 to Jackie Miller, Trustee(s), which was dated April 25, 2008 and recorded on April 28, 2008 in Book DT U10 at Page 24, Clay County Registry, North Carolina.
Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, 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 February 16, 2017 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Clay County, North Carolina, to wit:
A certain tract or parcel of land located in Shooting Creek Township, Clay County, North Carolina, and being Lot 7 of the Penland Oaks Subdivision and being bounded as Follows:
BEGINNING at an iron pin set, the Northeast comer of Lot No. 5 (Scott Parker) in the line of the lands of Moss and runs thence with the line of Parker S 03-50-50 W passing an iron pin at 125.81 feet, a total distance of 160.81 feet to a point in the centerline of a private roadway known as Indian Trails Road; thence with the centerline of said roadway S 62-52 E 67.53 feet; S 59-38 E 140.39 feet and S 66-47 E 39.57 feet; thence leaving the centerline of said road and runs thence N 07-31-50 E passing an iron pin at 21.34 feet, a total distance of 209.59 feet to an iron pin in the line of Moss; thence with the line of Moss N 73-12-50 W 244.52 feet to the place of beginning, containing 1,00 acres, more or less, as shown on the plat of survey by G,L. Sprinkle, R.L,S., dated August 5,1987, and being known as Lot 7 of the Penland Oaks Subdivision.
This conveyance is made together with and subject to a right of way and easement for roadway and utility line purposes upon and over Indian Trails Road to the public road, This conveyance is made subject to the Covenants and Restrictions more particularly set forth in an instrument dated January 17, 1985, recorded in Deed Book 123 at page 158, records of Clay County, N.C.
For background reference see Deed Book 297 at Page 110, Records of Clay County, N.C.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 143 Penland Indian Trail, Hayesville, NC 28904.
A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, 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 all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Jeffrey Cort and Julie Cort Revocable Trust.
An Order for possession of the property may be issued pursuant to 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 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 [NCGS 45-21.16A(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.
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 16-18677-FC01
ccp-315020

Legals
NORTH CAROLINA CLAY COUNT ...

NORTH CAROLINA
CLAY COUNTY
Special Proceedings
No. 16 SP 57
Substitute Trustee: Philip A.
Glass
NOTICE OF
FORECLOSURE SALE
Date of Sale:
February 21, 2017
Time of Sale: 10:00 a.m.
Place of Sale:
Clay County Courthouse
Description of Property: See Attached Description
Record Owners:
Christian Z. Moore
Address of Property:
3059 Cold Branch Road
Hayesville, NC 28904
Deed of Trust:
Book : DT N13 Page: 44
Dated: June 19, 2015
Grantors:
Christian Z. Moore,
a single man
Original Beneficiary:
Local Government Federal Credit Union
CONDITIONS OF SALE: Should the property be
purchased by a third party, that person must pay the tax of Forty-five Cents (45 ) per
One Hundred Dollars
($100.00) required by
N.C.G.S. 7A-308(a)(1).
This sale is made subject to all unpaid taxes and superior liens or encumbrances of record and assessments, if any, against the said property, and any recorded leases. This sale is also subject to any applicable county land transfer tax, and the successful third party bidder shall be required to make payment for any such county land transfer tax.
A cash deposit of 5% of the purchase price will be required at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Residential real 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 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 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 not 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. 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.
Dated: 1/17/17
Philip A. Glass, Substitute Trustee
Nodell, Glass & Haskell, L.L.P.
Posted on 1/17/17
Exhibit "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING IN TUSQUITTEE TOWNSHIP, CLAY COUNTY, NC, ON THE WATERS OF COLD BRANCH, BEING A PORTION OF THE BERTHA BLANKENSHIP LANDS AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING ON A POINT IN THE CENTERLINE OF COLD BRANCH ROAD AND IN THE SOUTH LINE OF THE LANDS OF HOWARD BLANKENSHIP AND ON THE SOUTH SIDE OF A 20 FOOT RIGHT OF WAY SERVING THE LANDS OF KENNETH LEDFORD; VIRGINIA BLANKENSHIP, LAURETTA MILLER, KATHY HOGSET ET ALS AND HOWARD BLANKENSHIP AND RUNS THENCE WITH THE SOUTH SIDE OF SAID RIGHT OF WAY AND THE LINE OF THE LANDS OF HOWARD BLANKENSHIP S 84-23 W 17.51 FEET TO AN IRON ROD SET; S 84-23 W 226.77 FEET TO AN IRON ROD SET AND S 84-23 W 42.77 FEET TO A POINT IN THE CENTERLINE OF COLD BRANCH, A CORNER COMMON TO LOT 2, 3 AND 6; THENCE WITH THE LINE OF LOT 6 AND THE CENTERLINE OF COLD BRANCH, S 30-46 E 31.69 FEET; S 70-31 E 28.37 FEET; S 13-23 W 29.25 FEET; N 77-15 W 18 FEET AND S 05-35 W 39.38 FEET TO A CORNER COMMON TO LOT 7, O.A. BLANKENSHIP; THENCE WITH THE LINE OF LOT 7, S 78-22 E 33.80 FEET TO AN IRON ROD SET; S 89-33 E 210.31 FEET TO AN IRON ROD SET AND S 89-33 E 18.77 FEET TO A POINT IN THE CENTERLINE OF COLD BRANCH ROAD; THENCE CONTINUING S 89-33 E 69.71 FEET TO A POINT IN THE CENTERLINE OF THE OLD COLD BRANCH ROAD; THENCE WITH THE CENTERLINE OF SAID ROAD N 04-07 W 62.32 FEET AND N 05-42 E 82.42 FEET TO A CORNER COMMON TO LOT 2, HOWARD BLANKENSHIP; THENCE LEAVING THE CENTERLINE OF OLD COLD BRANCH ROAD AND RUNS WITH THE LINE OF HOWARD BLANKENSHIP S 84-23 W 65.59 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.93 ACRE, MORE OR LESS, AS SHOWN ON THE PLAT OF SURVEY BY ADAMS SURVEYING DATED JULY, 1994.
THIS PROPERTY IS CONVEYED SUBJECT TO THE RIGHT OF WAY AND EASEMENT FOR COLD BRANCH ROAD.
FOR SOURCE OF TITLE REFERENCE DEED BOOK 383, PAGE 18, CLAY COUNTY REGISTRY.
Ccp-313489

Legals
STATE OF NORTH CAROLINA C ...

STATE OF
NORTH CAROLINA
COUNTY OF CLAY
PUBLIC NOTICE OF
OFFER OF PURCHASE
OF CLAY COUNTY REAL PROPERTY
An offer of $16,640, cash, has been submitted for the purchase of certain real property owned by Clay County, North Carolina, the same real property being more particularly described as follows:
Lands located in the
Sweetwater Township,
Clay County, North Carolina and being more particularly described as follows:
Being the same lands, privileges, easements and appurtenances described in the Deed dated April 17, 1974, from R.B. Coffey, and wife, Lora Coffey, to Clay County, recorded in the Office of the Register of Deeds for Clay County, North Carolina, in Book 71, at Page 96.
Persons wishing to raise the bid for such real property may do so within 10 days from this date of publication of this Notice, which is Thursday, February 9, 2017, and which period shall extend to Monday, February 20, 2017, at 5:00 p.m., as calculated by applicable statute and rule. Any such raised bids must be increased by not less than ten percent (10%) of the first one thousand dollars ($1,000.00) and five percent (5%) of the remainder of the $16,640.00 offer referenced hereinabove. All raised bids received shall be submitted by sealed bid with their offer to purchase such property to the Office of the Clerk to the Board of Clay County Commissioners, located at 33 Main Street, Hayesville, North Carolina, 28904, by 5:00 p.m., Monday, February 20, 2017. At that time, the Clerk to the Board of Clay County Commissioners shall open the bids, if any, and the highest qualifying bid will become the new offer. If there is more than one bid in the highest amount, the first such bid received will become the new offer.
A qualifying higher bid is one that raises the existing offer to an amount not less than $17,522.00.
A qualifying higher bid must be accompanied by a deposit in the amount of five percent (5%) of the bid; the deposit may be made in cash, bank check, cashier's check, or certified check. Clay County will return the deposit on any bid not accepted, and will return the deposit on an offer subject to upset if a qualifying higher bid is received. Clay County will return the deposit of the final high bidder at closing.
The buyer must pay cash at closing.
The Clay County Board of Commissioners must approve the final high offer before the sale is closed, which it will do within 30 days after the final upset bid period has passed. However, Clay County reserves the right to withdraw the property from sale at any time before the final high bid is accepted and the right to reject at any time all bids.
Further information may be obtained at the Office of the Clerk to the Board of Clay County Commissioners
located at
33 Main Street,
Hayesville, North Carolina 28904, or at telephone (828) 389-0089, during normal
business hours.
ccp-317812

Clay County Progress

Mailing Address: PO Box 483, Hayesville, NC 28904
Physical Address: 43 Main Street, Hayesville, NC 28904
Phone: 828-389-8431
Fax: 828-389-9997

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