Notice to Creditors of
Florence Meggs Huneycutt
Having qualified as Administrator of the Estate of Florence Meggs Huneycutt Deceased, late of Clay County, State of North Carolina, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned at the following address:
Lynday E. Huneycutt
PO Box 178
Brasstown, NC 28902
on or before the 8th day of November, year 2018, or this notice will be pleaded in bar of their recovery.
All persons indebted to said decedent will please make immediate payment.
This the 25th day of July, year 2018.
Lynday E. Huneycutt
of the Estate of Florence Meggs Huneycutt
Notice to Creditors of
SUBSTITUTE TRUSTEE'S NOTICE OF FORECLOSURE SALE OF REAL PROPERTY THIS ACTION BROUGHT PURSUANT TO THE POWER AND AUTHORITY contained within that certain Deed of Trust executed and delivered by Madeleine Horan dated November 16, 2006 and recorded on November 27, 2006 in Book DT V9 at Page 5 in the Office of the Register of Deeds of Clay County, North Carolina. As a result of a default in the obligations contained within the Promissory Note and Deed of Trust and the failure to carry out and perform the stipulations and agreements contained therein, the holder of the indebtedness secured by said Deed of Trust made demand to have the default cured, which was not met. Therefore, the undersigned Substitute Trustee will place for sale that parcel of land, including improvements thereon, situated, lying and being in the City of Brasstown, County of Clay, State of North Carolina, and being more particularly described in the heretofore referenced Deed of Trust. Said sale will be a public auction, to the highest bidder for cash, at the usual place of sale at the Clay County Courthouse, Hayesville, North Carolina on August 17, 2018 at 12:00 PM. Address of property: 168 Oak Ridge Road, Brasstown, NC 28902 Tax Parcel ID: 552100515680 Present Record Owners: Madeleine Horan The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid 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. The successful bidder will be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax, and costs for recording the Trustee's Deed. The real property hereinabove described is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, special assessments, and other encumbrances. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids, as by law required. The sale will not confirm until there have been ten (10) consecutive days with no upset bids having been filed. If for any reason the Trustee is unable to convey title to this property, or if the sale is set aside, the sole remedy of the purchaser is the return of the bid deposit. Furthermore, 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 declare the sale to be void and return the bid deposit. In either event, the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee's attorney, or the Trustee. Additional Notice Required for Residential Real Property with Less Than Fifteen (15) Rental Units: 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. 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. Albertelli Law Partners North Carolina, P.A., Substitute Trustee By: David Neill Albertelli Law Partners North Carolina, P.A. David W. Neill, Esq. NC State Bar 23396 205 Regency Executive Park Drive Suite 100 Charlotte, NC 28217 T: 704-970-0391 A-4664960 08/02/2018, 08/09/2018.
NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on March 29, 2004, a certain Note having an original principal amount of $217,500.00, as secured by a Deed of Trust were executed by Elizabeth Irene Henderson, a single person as Grantor in favor of Wells Fargo Home Mortgage, Inc. as Beneficiary and William R. Echols as Trustee, and said Deed of Trust was recorded on April 2, 2004 in Book N7, Page 7 [as Instrument No. 2004001239] in the Office of the Register of Deeds of Clay County, North Carolina; and
WHEREAS, the above Note and Deed of Trust were insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the beneficial interest in the above Note and Deed of Trust are now owned by the Secretary, pursuant to an Assignment dated December 7, 2007, and recorded on May 27, 2008, in Book 331, Page 150 [as Instrument No. 2008001829], in the Office of the Register of Deeds of Clay County, North Carolina; and
WHEREAS, the Secretary is the present holder of the Note and Deed of Trust; and
WHEREAS, Grantor has died and the property is not the principal residence of at least one surviving borrower; and
WHEREAS, under Paragraph 7(a)(i) of the above Note and Paragraph 9(a)(i) of the above Deed of Trust, upon death of the Borrower/Grantor, should the property not remain the principal residence of at least one surviving Borrower, the Secretary has the right to demand, and the Secretary has demanded, the immediate payment in full of all outstanding principal and accrued interest; and
WHEREAS, a default has occurred under the above terms and conditions of the above Note and Deed of Trust, in that a proper demand has been made for the immediate payment in full of all outstanding principal and accrued interest, which remains unpaid; and
WHEREAS, the entire amount delinquent as of August 31, 2018 is $201,769.80; and
WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable;
WHEREAS, the Secretary has the right to foreclose upon the secured real property as described in the above Deed of Trust; and
NOW THEREFORE, pursuant to powers vested in The Caudle Law Firm, P.A. by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary's designation of The Caudle Law Firm, P.A. as Foreclosure Commissioner, recorded on July 8, 2014 in Book 386, Page 153 [as Instrument No. 2014001279], notice is hereby given that on August 31, 2018 at 11:00 AM local time, all real and personal property at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder:
Being located in the County of Clay, State of North Carolina, and more particularly described as follows:
That certain tract or parcel of land consisting of 38 acres, more or less, situate in Brasstown Township, Clay County, North Carolina and bounded, now or formerly, by natural boundaries and/or lands owned and/or in the possession of persons as follows: on the north by Garrett, on the east by Anderson, on the south by Green Cove Public Road and on the west by Green Cove Church and Clyde Faulkner, said tract lying approximately three miles west from the intersection of North Carolina State Secondary Road #1134 and U.S. Highway No. 64 and being more specifically described as follows:
BEGINNING on a stake in North Carolina State Secondary Road #1134, also known as Green Cove Road and in the centerline of a branch, and being a corner common to Vinnie Anderson; thence up the branch as it meanders for three courses: N 33 W 8 poles, N 60 W 6 poles and N 20 W 7 poles to a stake in Bob Garrett's line; thence S 87 E with same 35 poles to an iron stake; thence N 7 W 8 poles to an iron stake; thence N 45 E 10 poles to an iron stake; thence N 28 W, with line marked by a wire fence, 84 poles to an iron stake replacing a black oak on top of a ridge; thence with the meanders of the ridge for four courses: S 38 W 18 poles, S 5 W 22 poles, S 80 W 20 poles and S 36 W 24 poles to an iron stake; thence four lines marked by a wire fence, S 30 E, leaving the ridge 5 poles 14 links to an iron stake, the northwest corner of a 3.25 acre tract; thence with the line of the 3.25 acre tract, S 3 W 20 poles to an iron stake, the southwest corner of the 3.25 acre tract; thence S 87 E with the 3.25 acre tract, 4.5 poles to a locust stake, a corner of the "Church property"; thence south 4 poles with the same to a stake in Green Cove Road; thence with the road as it meanders for six courses, East 4.5 poles, S 38 E 24 poles, S 21 E 6 poles, S 65 E 24 poles, N 60 E 6 poles and N 10 E 18 poles to the place of Beginning.
EXCEPTING FROM THIS CONVEYANCE IS:
1) That tract or parcel of land consisting of 1.25 acres, more or less, described in that deed from Collin Green and wife, June V. Green to Roscoe Hughes and wife, Betty Ruth Hughes, dated September 17, 1957, recorded in Deed Book 47, Page 487, Clay County, North Carolina Registry, the metes and bounds description being:
BEGINNING on a white oak standing 18 links East of Jessie Anderson, a NWC, at the intersection of a branch with the South boundary line of a deed from R. D. Garrett and wife, Verdie Garrett to Collin Green and wife, June V. Green and recorded in Deed Book 45, Page 175, and runs thence S 87 E with the South boundary line of said deed 21.5 poles to an iron stake; thence N 7-30 E 11.5 poles to a black gum; thence S 85 W 17 poles 4 links to an iron stake; thence S 33 W 10.5 poles to the Beginning.
BEING the same lands described in the deed from Charles P. Shelton and wife, Vernice J. Shelton to Lloyd R. Bridgford and wife, Ruby S. Bridgford, dated May 16, 1972, recorded in Deed Book 64, Page 184, Clay County, North Carolina Registry; and
2) That tract or parcel of land consisting of 15 acres, more or less, as is described in the deed from Lloyd R. Bridgford and wife, Ruby S. Bridgford to Robert Arthur Cook and wife, Pamela Jean Cook, dated October 28, 1976, as recorded in Deed Book 81, Page 147, Clay County, North Carolina Registry, the metes and bounds description being:
BEGINNING on a stake in North Carolina State Secondary Road No. 1134, also known as Green Cove Road and in the centerline of a branch and being a corner common to Vinnie Anderson and runs thence up the branch as it meanders for three courses as follows: N 33 W 132 feet, N 60 W 99 feet and N 20 W 115.5 feet to a stake in Bob Garrett's line; thence S 87 E with the same 577.5 feet to an iron stake, thence N 7 W 132 feet to an iron stake; thence N 45 E 165 feet to an iron stake; thence N 28 W with a line marked by a wire fence _____ feet to a point in the centerline of a branch; thence with the centerline of the branch the following eight courses and distances: S 44 W 92.2 feet, S 18 W 91.5 feet, S 0-15 W 290 feet, S 13-30 W 170 feet, S 18 W 165 feet, S 2-30 W 206 feet, S 6-30 E 116.5 feet and S 2 W 115 feet, thence leaving the branch, S 36-30 W 27 feet to a stake; thence S 31-30 E 143 feet to a stake; thence S 32 E 61.3 feet to a stake; thence S 62 E 71.2 feet to a stake; thence S 43-30 E 51.6 feet to a stake; thence S 22-30 E 130 feet to a point in the centerline of State Road No. 1134; thence with the centerline of the road N 10 E 62 feet to the Beginning.
TITLE TO THESE PREMISES IS SUBJECT TO: 1) the right of way of North Carolina State Secondary Road 1134; and 2) riparian rights to the uninterrupted flow of the waters of the branch which touches and concerns this tract for the benefit of the appurtenant lands and the owners thereof.
TITLE SOURCE: Deed Book 130, Page 160 and Deed Book 104, Page 105, Clay County, North Carolina Registry.
Commonly known as: 1577 Green Cove Road, Brasstown, NC 28902
The sale will be held at the Clay County Courthouse, North Carolina.
The Secretary of Housing and Urban Development will bid $201,769.80.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except the Secretary must submit a deposit totaling $20,176.98 in the form of a certified check or cashier's check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $20,176.98 must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.
The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier's check, made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.
If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.
There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant.
The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed.
The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $201,769.80 as of August 31, 2018, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.
Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.
Date: July 23, 2018
The Caudle Law Firm, P.A.,
By: David R. Caudle
President & Attorney at Law
State Bar Number 6075
PO Box 620997
Charlotte, NC 28262
Phone: (704) 342-2330
Fax: (480) 275-3594