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 DENNIS S. MITRANO AND GAYLE B. MITRANO DATED SEPTEMBER 19, 2006 AND RECORDED IN BOOK 1619 AT PAGE 707 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 12:00PM on August 24, 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: BEING Lot #38 containing 2.02 acres of Barkers Creek Preserve Subdivision, as shown on the plat thereof by William R. Howell, P.L.S., Tuckasagee Surveying, drawing #R14-D36-05, 3-10,000, dated December, 2005 and revised in July, 2006, recorded in Cabinet 15, Slide 393, Jackson County Public Registry, to which reference is hereby made for a full and complete description. Together with the right to use in common with Grantor, its heirs, successors and assigns, and with all others who now have a may in the future acquire the right to use the same, and this conveyance is made subject to, easements and rights of way for roadway and utility lines and facilities, as shown on the above mentioned recorded plat and as the same extend to State Road 1392. The foregoing conveyance includes the benefits of and is made subject to the provisions of the Declaration of Restrictive Covenants, Easements, and Conditions for Barkers Creek Subdivision dated July 15, 2005, recorded in Book 1516, Page 764, Jackson County Public Registry, and to the First Amendment thereto, dated July 25, 2005, recorded in Book 1522 at page 662, Jackson County Public Registry and to the Second Amendment thereto, dated September 16, 2005, recorded in Book 1531, Page 288, Jackson County Public Registry.
This conveyance is further made subject to easements for existing roadways and utility lines and facilities, to restrictions of record, and to applicable land use laws and ordinances. And Being more commonly known as: Lot 38 Barkers Creek Preserve, Whittier, NC 28789. The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Dennis S. Mitrano.
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 August 3, 2017.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
363103 8/09/2017 08/16/2017