Wednesday, June 6, 2012 Tryon Daily Bulletin / The World’s Smallest Daily Newspaper
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ered by Sandy Plains, LLC, dated June 29, 2007, and because of the default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained in said Deed of Trust and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Polk County, North Carolina, entered in this foreclosure proceeding, the undersigned RICHARD P. WILLIAMS, Substitute Trustee, will expose for sale at public auction on the 19th day of June, 2012, at 10:00 a.m. at the door of the Polk County Courthouse, Columbus, North Carolina, the following described real property (including permanent structures, if any, and any other improvements attached to the real property) as follows:
dirt drive, White Oak Farm Drive, leading from State Road #1005 (Sandy Plains Road) in and to the above described property. Said old road being formerly referred to as “Old Mill Road” and being in existence for many years. The Grantors herein also reserve unto themselves, during Grantor's Estate for Years, a non-exclusive right of way of ingress and egress over White Oak Farm Drive as it crosses Tract Two.
Substitute Trustee tenders to him a deed for the real property, or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30 (d) and (e).
MISCELLANEOUS Local Honey For Sale Les Spangler Bee Keeper 457-2870
LEGALS LEGAL NOTICE STATE OF NORTH CAROLINA POLK COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY 12 SP 14 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY SANDY PLAINS, LLC, DATED JUNE 29, 2007, AND RECORDED IN BOOK 355, PAGE 1192, IN THE POLK COUNTYPUBLIC REGISTRY BY RICHARD P. WILLIAMS, SUBSTITUTE TRUSTEE, AS RECORDED IN BOOK 387, PAGE 1448, POLK COUNTY REGISTRY Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Sandy Plains, LLC, dated June 29, 2007, and recorded in the Office of the Register of Deeds of Polk County, North Carolina, in Book 355 at Page 1192, said Deed of Trust securing a Note executed and deliv-
BEING all of Tract One, containing 6.70 acres, and Tract Two, containing 42.33 acres, as shown and delineated upon a plat entitled, “ARTHUR BOURBEAU to SANDY PLAINS, LLC, Green Creek Township, Polk County, NC” dated June 11, 2007, and prepared by Professional Surveying Services, Reg. Land Surveyor, Rutherfordton, North Carolina, which plat is duly recorded in Card File E, at Page 1738, in the Office of the Register of Deeds for Polk County, North Carolina; reference being made to said recorded plat for a full and complete metes and bounds description of said tract, pursuant to North Carolina General Statutes Section 47-30(g). The Grantors herein also grants and conveys all their right, title and interest in and to a perpetual, non-exclusive right of way of ingress and egress along that certain
The address for the real property is: ___ White Oak Farm Drive, Tryon, NC 28782. Present record owner is Sandy Plains, LLC The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. Trustee may, in Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23. Should the property be purchased by a third party, that person must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308(a)(1), and any applicable county and/or state transfer tax and/or revenue tax. Pursuant to North Carolina General Stuates Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the same a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the
The property offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Promissory Note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the Promissory Note made any representation of 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. An Order for possession of the property may be issued pursuant to N.C.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 upon 10 days written notice to the landlord. The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date
LEGALS of the termination. This sale will be held open ten (10) days for upset bids as required by law. This the 25th day of May, 2012. (SEAL) Richard P. Williams, Substitute Trustee Williams & Martelle, PLLC Attorneys at Law Post Office Box 550 Rutherfordton, NC 28139 NC Bar Number 21293 Telephone (828) 288-1844 Fax (828) 288-1840 Tryon Daily Bulletin July 6 and 13, 2012 FC/BOURBEAU
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WE CAN HELP. Reach the county market for less using the classifieds. Need a quick quote? Call 828.859.9151. LEGAL NOTICE NOTICE OF FORECLOSURE SALE NORTH CAROLINA, POLK COUNTY 11 SP 79 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mark A. Shehan and Tammy M. Shehan to TIM, Inc., Trustee(s), dated March 12, 1999, and recorded in Book 253, Page 2015, Polk County Registry, North Carolina. Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register
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of Deeds of Polk County, North Carolina, and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustees will offer for sale at the Courthouse Door in Polk County, North Carolina, at 12:00PM on June 13, 2012, and will sell to the highest bidder for cash the following described property, to wit: Beginning at a point in the centerline of White Oak Creek, said point being located South 21 degrees 00 minutes 00 seconds West 189.06 feet from an existing iron pin marking the terminus of the 14th course of the Daniel Shehan property described in Deed Book 161, Page 944, Polk County Registry, and runs thence from said beginning point, South 21 degrees 00 minutes 00 seconds West 44.81 feet to a point; thence South 62 degrees 13 minutes 44 seconds West 94.96 feet to a point; thence South 16 degrees 36 minutes 06 seconds East 90.21 feet to a point; thence South 49 degrees 49 minutes 02 seconds West 194.05 feet to a point in the centerline of State Road #1330; thence with the centerline of State Road #1330, South 88 degrees 11 minutes 58 seconds West 94.18 feet to a point; thence North 89 degrees 30 minutes 00 seconds West 71.63 feet to a point; thence leaving the centerline of said State Road #1330, North 18 degrees 50 minutes 59 seconds East 651.80 feet to a point in the centerline of White Oak Creek; thence with centerline of said creek, South 56 degrees 22 minutes 28 seconds East 89.53 feet to a point; thence South 40 degrees 58 minutes 04 seconds East 142.45 feet to a point; thence South 03 degrees 30 minutes 26 seconds East 159.94 feet to the point and place of beginning. Containing
3.01 acres and being the same property as shown on a survey entitled "Mark A. Shehan" dated January 3, 1992 and prepared by Barry L. Collins, R.L.S. of Etowah, N.C. Being a portion of the Daniel Shehan property as described in Deed Book 161, Page 944, Polk County Registry. Being that parcel of land conveyed to Mark A. Shehan, single from Daniel J. Shehan and wife, Ruby C. Shehan by that deed dated 01/03/92 and recorded 01/24/92 in Deed Book 212, at Page 204 of the Polk County, NC Public Registry. Said property is commonly known as 731 John Shehan Road, Tryon, NC 28782. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (45) per each One Hundred Dollars ($100.00) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater. A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations of 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. This sale is made subject to all prior liens, unpaid taxes, spe-