Wednesday, May 15, 2024
23-SP-59 AMENDED NOTICE OF SUBSTITUTE TRUSTEE FORECLOSURE SALE OF REAL PROPERTY UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Sal Devito and Lois Devito dated April 24, 2009 and recorded on May 6, 2009, in Book 1356 at Page 226, in the Office of the Register of Deeds of Cherokee County, North Carolina; and because of default in the payment of the indebtedness secured thereby and, pursuant to demand of the holder of the Note secured by said Deed of Trust, the undersigned Goddard & Peterson, PLLC (Substitute Trustee) will offer for sale at the courthouse door in the City of Murphy, Cherokee County, North Carolina, or the customary location designated for foreclosure sales, on May 29, 2024 at 10:30 AM and will sell to the highest bidder for cash the following real estate situated in the County of Cherokee, North Carolina and being more particularly described in the above referenced Deed of Trust, together wit h all improvements located thereon: Address of Property: 35 Appalachian Estates Road, Murphy, NC 28906 Tax Parcel ID: 4551-00-95-0239 Present Record Owner: heirs of Lois DeVito Trustee may, in the Trustee sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23. Said property is sold subject to applicable Federal and State laws. 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 real property described above is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens, unpaid taxes, and special assessments and any liens or encumbrances that would not be extinguished by non-judicial foreclosure. Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, a ttorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. The sale will be held open for ten (10) days for upset bids as required by law. Should the property be purchased by a third party, that party must pay the excise tax, and any Land Transfer Tax as required by N.C.G.S. §7A-308(a)(1). Third party, must pay the full bid amount, less any deposit that has been paid to the Substitute Trustee, immediately upon demand after the conclusion of the final upset bid period. Failure of the bidder to comply with the bid shall result in the resale of the property, with the defaulting bidder remaining liable upon thei r bid under the provisions of N.C.G.S. §45-21-30. If the Trustee or Substitute Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Additional Notice where the Real Property is Residential with less than 15 Rental Units: 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 whic h 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 ten (10) days, but no more than ninety (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 such termination. This is a communication from a debt collector. The purpose of this Communication is to collect a debt and any information obtained will be used for that purpose, except as stated below in the instance of bankruptcy protection. If you are under the protection of the bankruptc y court or have been discharged as a result of a bankruptcy proceeding, this notice is given to you pursuant to statutory requirement and for informational purposes and is not intended as an attempt to collect a debt or as an act to collect, assess, or recover all or any portion of the debt from you personally. FN# 3191.00123 59939
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