STATE OF NORTH CAROLINA COUNTY OF HAYWOOD File No: 16 SP 124 NOTICE OF SALE - No. 33505, September 21,28, 2016


Category: Legal Notices
Posted: Sep 19, 2016

TAKE NOTICE THAT: Raintree Realty and Construction, Inc., Substitute Trustee, has begun proceedings to FORECLOSE under the Deed of Trust described below, and under and by virtue of the power of sale contained in such Deed of Trust, and an Order entered by the Clerk of Superior Court of the above County, will sell the below described property at public auction as follows:

The instrument pursuant to which such sale will be held is that certain Deed of Trust executed by James Robert Franklin and wife, Brenda Gail Franklin and Cherie Buchanan and husband, David Buchanan, original mortgagors, and recorded in the Office of the Haywood County Register of Deeds in Deed of Trust Book RB 814, at Page 859.  The record owner of such property, as reflected on the records of the Register of Deeds not more than ten (10) days prior to posting this Notice of Sale, if not the original mortgagors, is:     N/A  The property will be sold by the Substitute Trustee at 10:00 a.m. on the 5th day of October, 2016 at the Haywood County Justice Center door in the City of Waynesville, North Carolina.The real property to be sold is generally described as 81 Rich Putnam Drive, Waynesville, North Carolina 28785* and is more particularly described as follows:

Being all of that property described in that certain Deed of Trust recorded in Book RB 814, at Page 859 of the Haywood County, North Carolina Registry.

Any property described in the Deed of Trust which is not being offered for sale is described as follows:  Subject to any and all Release Deeds of Record in the Haywood County, North Carolina Registry.

*The general description of the property is provided for convenience but is not guaranteed; the legal description in the Deed of Trust controls.

Any buildings located on the above-described property are also included in the sale.The property will be sold by the Substitute Trustee to the highest bidder for CASH.  The highest bidder will be required to deposit IN CASH with the Substitute Trustee at the date and time of the sale the greater of five percent (5.0%) of the amount of the bid or Seven Hundred Fifty and no/100 Dollars ($750.00).All bidders bid for the property AS IS on the date of sale.  Absolutely no warranties are made as to the condition, value or title of the property.  While the Substitute Trustee believes the title to be good, all bidders are advised that they should obtain independent counsel to examine record title as the property is sold subject to prior record interests.  The Noteholder has reserved the right to withdraw the sale up to and until the Deed is delivered by the Substitute Trustee.The property will be sold subject to all unpaid taxes and special assessments.  The property being sold is all of that property described in the Deed of Trust except as specifically set forth above. It is the intention to extinguish any and all rights or interests in the property subordinate to the Deed of Trust.An order for possession of the property may be issued pursuant to 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.Additional Notice Where the Real Property is Residential with Less Than 15 Rental Units, including single-family residential real property: 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 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 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 the termination.Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to North Carolina General Statute section 45-21.33A.

THIS the 2nd day of September, 2016

SUBSTITUTE TRUSTEE:

RAINTREE REALTY AND

CONSTRUCTION, INC.

By: Joel T. York, Vice-President

P.O. Box 8942

Asheville, NC 28814
Phone: 828-777-5250