Legals

Legals

IN THE GENERAL COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
JACKSON COUNTY
17SP41
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY KARLA JEAN FORBES AND HERBERT CHARLES FORBES DATED JULY 15, 2005 AND RECORDED IN BOOK 1515 AT PAGE 137 AND MODIFIED BY AGREEMENT RECORDED AUGUST 21, 2015 IN BOOK 2090 PAGE 537 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 11:00AM on October 19, 2017 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: ATTACHED TO AND MADE A PART OF THAT DEED OF TRUST DATED THE 15TH DAY OF JULY, 2005 FROM KARLA JEAN FORBES AND HERBERT CHARLES FORBES, WIFE AND HUSBAND TO JOHN F. HENNING, SR., TRUSTEE FOR LENDMARK MORTGAGE AND FINANCE INC. BEING the same lands, easements, privileges, and appurtenances as described in and conveyed by that deed dated 11 September 2001 from Houston C. Melton, Jr., a single person to Herbert C. Forbes and wife, Karla Forbes, as recorded in the Office of the Register of Deeds for Jackson County, North Carolina, in Deed Book 1136 at pages 9-11, and being more particularly described therein as follows: "BEGINNING at an Existing Iron Pipe (EIP) in a fence line, said corner being South 59 deg. 41 min. 54 sec. East, 65.09 feet from another EIP in the fence line, thence from said point of beginning and with two lines of Trapani as recorded in Book 203, Page 311, Jackson County Registry, South 57 deg. 28 min. East, 64.48 feet to an EIP in the fence line and South 57 deg. 38 min. 10 sec. East, passing an Iron Pipe Set (IPS) at 406.79 feet, a total distance of 436.79 feet to a point in the center of State Road 1461; thence with the center of the State Road South 65 deg. 03 min. 29 sec. West, 139.65 feet to a point of curvature; thence on a curve to the left an arc distance of 136.07 feet, said curve having a radius of 161.25 feet and a chord of South 40 deg. 53 min. 01 sec. West, 132.07 feet to the point of tangency; thence South 16 deg. 42 min. 33 sec. West, 91.31 feet to a point of curvature; thence on a curve to the right an arc distance of 107.30 feet, said curve having a radius of 176.11 feet and a chord of South 34 deg. 09 min. 48 sec. West, 105.65 feet to the point of tangency; thence South 51 deg. 37 min. 04 sec. West, 40.42 feet to a point in the center of said road; thence leaving the road and with a line of Lanny Cogdill as recorded in Book 492, Page 165, North 8 deg. 25 min. 54 sec. West, passing an IPS at 30.00 feet, a total distance of 634.04feet to the POINT OF BEGINNING and CONTAINING 2.454 ACRES as shown on Plat prepared by James T. Herron, R.L.S. dated September 12, 1996 entitled Houston Melton, Jr. "SUBJECT to the right of way of State Road 1461 to its full legal width as recorded in Book 864, Pages 360 and 361, Jackson County Registry. And Being more commonly known as: 130 Crawford Cemetery Rd, Sylva, NC 28779 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Karla Forbes. 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 September 28, 2017. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216
(704)333-8107 http://shapiroattorneys.com/nc/
16-086387 376479 10/04/2017 10/11/2017

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