IN THE GENERAL
COURT OF JUSTICE
BEFORE THE CLERK
19 SP 10
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM JERRY CALDWELL AS TO REMAINDER AND INEZ L. CALDWELL AS TO LIFE ESTATE, DATED MAY 15, 2003, RECORDED IN BOOK S-6, PAGE 35, CLAY COUNTY REGISTRYAMENDED NOTICE OF FORECLOSURE SALE
Pursuant to an order entered December 10, 2019, in the Superior Court for Clay County, and the power of sale contained in the captioned deed of trust (Deed of Trust), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,
AT THE COURTHOUSE DOOR IN HAYESVILLE, CLAY COUNTY,
ON JUNE 3, 2020 AT
the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Clay County, North Carolina, commonly known as 755 Cold Branch Road, Hayesville, NC and being more particularly described as follows:
In Hiawassee Township, Clay County, N.C., and particularly bounded as follows:
Beginning at a point in the centerline of State Road No. 1330, witnessed by an iron stake on the west side of said roadway, said beginning corner being a corner common to Kenneth L. Ball, et ux, 1.1 acre tract (Deed Book S-66 at Page 34) and runs thence with Ball line N 84-33 W. 490 Feet to an iron pipe stake, Northwest corner of Kenneth L. Ball, et ux, 1.2 acre tract; thence N. 15 E. 295 feet to an iron stake on the line of Mabel Kitchens; thence with the Kitchens line S. 66 E. 448.8 feet to an iron stake on the West side of State Road No. 1330; thence the same course S. 66 E. 16 feet to a point in the centerline of said road; thence with the centerline of said road S. 10 W 142 feet to the place of beginning, containing 2.23 acres, more or less.
Being a part of the same lands described in the deed from Edward Parker and wife, Hilda Parker to Carl K. Matherson and wife, Martha Matherson, dated June 24, 1970, recorded in Deed Book S-61, at Page 83, Records of Clay County, N.C.
Tax Map Reference: 2140-301
Being that parcel of land conveyed to Ralph Caldwell and wife, Inez L. Caldwell, tenants by the entirety from Carl K. Matherson and wife, Martha Matherson by that deed dated 10/04/1977 and recorded 10/06/1977 in deed book 85, at page 80 of the Clay County, NC Public Registry.
Note: Ralph Caldwell, Deceased, DOD 01/01/2002.
Being that parcel of land conveyed to Jerry Caldwell, a single man from Inez L. Caldwell, a widow, reserving a life estate by that deed dated 07/25/2002 and recorded 07/25/2002 in deed book 250, at page 192 of the Clay County, NC Public Registry.
In the Trustees sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
The record owner of the real property not more than ten days prior to the date hereof is Jerry L. Caldwell.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The purchaser of the property described above shall pay the Clerks Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A 308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price.
To the extent this sale involves residential property with less than fifteen (15) rental units, including single family residential real property, you are hereby notified of the following:
a.An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b.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 ten (10) days, but no more than ninety (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.
This 24th day of March, 2020.
MARK A. PINKSTON, Substitute Trustee
Mark A. Pinkston Esq.
PO Box 7376
Asheville, NC 28801