IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JTD DEVELOPMENT COMPANY, LLC DATED SEPTEMBER 22, 2006 AND RECORDED IN BOOK 1620 AT PAGE 114 IN THE JACKSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA
NOTICE OF SALE
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 10:00AM on April 6, 2018 the following described real estate and any other improvements which may be situated thereon, in Jackson County, North Carolina, and being more particularly described as follows: Being all of Lot HLC-19, in the Sheep Laurel Section of High Hampton, containing 0.67 acre as shown on a plat thereof entitled, "Location Survey for Katherine V. Westmoreland", prepared by Sylvester & Company, PA, Drawing No. 3861, dated March 30, 1999, and a copy of said plat being recorded in Plat Cabinet 9, Slide 655 in the Office of the Register of Deeds for Jackson County, North Carolina reference to which is hereby specifically made. Also Conveyed to the Grantee herein is a perpetual non exclusive right of way over and across and existing and established roads as the same leads from the purpose of affording ingress, egress and regress from the above described property to N.C. Highway #107. In accepting this conveyance and right of way, the Grantee covenants and agrees to participate in the maintenence of said roads which lead from N.C. Highway #107 to the above described property, and further agrees, upon written request of High Hampton Inc. in the future, to promptly execute and be bound by a road maintenence agreement in recordable form which shall apply to the subject property and to private lots located in the Sheep Laurel Section of High Hampton. Also conveyed to the Grantee herein are necessary rights of way and easements for telephone and electric power lines, poles and equipment for service to the above described lands and premises over the existing rights of way and lands of High Hampton, Inc., at such place or places as may be designated by High Hampton, Inc. of such telephone and electrical lines as may be erected and installed by the Grantee thereon. Excepted from this conveyance, however, and reserved unto High Hampton, Inc. is a perpetual easement over strips ten (10) feet in width along and within each of the lines of the above described property for the purpose of widening or beautifying the existing roadway upon which said property abuts, or installing, using and maintaining thereon, water, electric, or other utility lines and facilities. Together with and Subject to any and all restrictions conditions, covenants, easements and rights of way as described in Deed Book 1040 at Page 634 in the office of the Register of Deeds for Jackson County, North Carolina. And Being more commonly known as: 47 White Owl Ln, Cashiers, NC 28717 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Wendy V. Dowden. 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is February 16, 2018.
Grady I. Ingle or Elizabeth B. Ells Substitute Trustee
10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216
17-092420 #407620, 03/21/3018, 03/28/2018.