NOTICE OF FORECLOSURE SALE FILE NO. 18-SP-5 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Harrill L. Blanton, Jr. and Tena H. Blanton to MTNBK LTD, Trustee, dated January 26, 2005, and recorded in Book CRP 812, at Page 114, as modified in Book CRP 985, at Page 712, in the McDowell County Registry, Marion, 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 the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Marion, McDowell County, North Carolina, on November 30, 2020, at 2:00 p.m., and will sell to the highest bidder for cash the following real estate: Generally described as certain real property, with any and all improvements thereon, located in McDowell County, North Carolina, and being more particularly described as follows: BEING ALL OF LOT #1 OF THE POINT OF LAKE JAMES, AS SHOWN ON PLAT DULY RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS FOR MCDOWELL COUNTY, NORTH CAROLINA IN PLAT BOOK 10 AT PAGE 38 TO WHICH REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION. THIS IS ALSO CONVEYED HEREWITH THE PERPETUAL RIGHT OF NON-EXCLUSIVE EASEMENT OVER AND ACROSS AN EXISTING 30-FOOT ACCESS ROAD AND MARGOT LANE, AS SHOWN AND DESCRIBED PURSUANT TO THAT CERTAIN EASEMENT LOCATION AGREEMENT RECORDED IN DEED BOOK 496 AT PAGE 838 AND ASSIGNMENT OF EASEMENT RECORDED IN DEED BOOK 496 AT PAGE 843, AS CONVEYED TO GRANTORS BY DEED BOOK 793 AT PAGE 497. THIS CONVEYANCE IS MADE TOGETHER WITH AND SUBJECT TO THE PERPETUAL NON-EXCLUSIVE EASEMENT IN AND TO THAT CERTAIN 30-FOOT RIGHT-OF-WAY RUNNING FROM MARGOT LANE THROUGH LOTS 1 THROUGH 4 OF THE POINTE ON LAKE JAMES SUBDIVISION SAID ROADWAY KNOWN AS PENINSULA DRIVE AND THE CENTERLINE OF SAID ROADWAY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF MARGOT LANE AND AN EXISTING 30-FOOT RIGHT-OF-WAY REFERENCED IN DEED BOOK 496 AT PAGE 840 AND MAP BOOK 3 AT PAGE 56 AND RUNS THENCE NORTH 21 DEGREES 05 MINUTES 41 SECONDS EAST 15.03 FEET; THENCE NORTH 21 DEGREES 05 MINUTES 41 SECONDS EAST 216.05 FEET TO AN EXISTING IRON PIN, SAID IRON PIN BEING THE CENTERLINE OF THE 30-FOOT RIGHT-OF-WAY AND IN THE SOUTHERN BOUNDARY LINE OF PROPOSED LOT 1 OF THE SUBDIVISION KNOWN AS THE POINTE ON LAKE JAMES; THENCE NORTH OB DEGREES 02 MINUTES 13 SECONDS WEST 113.44 FEET; THENCE NORTH 42 DEGREES 54 MINUTES 57 SECONDS WEST 227.83 FEET; THENCE NORTH 53 DEGREES 12 MINUTES 00 SECOND WEST 228.BO FEET; THENCE NORTH 39 DEGREES 52 MINUTES 38 SECONDS WEST 273.15 FEET; THENCE NORTH 35 DEGREES 31 MINUTES 56 SECONDS WEST 241.07 FEET; THENCE NORTH 45 DEGREES 28 MINUTES 04 SECONDS WEST 275.91 FEET; THENCE NORTH 17 DEGREES 10 MINUTES 45 SECONDS WEST 98.26 FEET; THENCE NORTH 55 DEGREES 58 MINUTES 27 SECONDS WEST 90.29 FEET; THENCE NORTH 64 DEGREES 46 MINUTES 00 SECONDS WEST 52.45 FEET; AND NORTH 50 DEGREES 30 MINUTES 48 SECONDS WEST 7.82 FEET TO A POINT IN THE EASTERN LINE OF THE ABOVE DESCRIBED LOT 5. IT BEING UNDERSTOOD AND AGREED THAT SAID EASEMENT IS APPURTENANT TO AND SHALL RUN WITH THE TITLE TO THE ABOVE DESCRIBED TRACT OF LAND. HOWEVER, THE GRANTOR RESERVES THE RIGHT TO CHANGE THE LOCATION OF THE CENTERLINE OF PENINSULA DRIVE DUE TO GROUND TOPOGRAPHY, AS SET FORTH ON NOTE ON THAT CERTAIN PLAT OF SURVEY BY PENDERGRASS SURVEYING HEREINABOVE REFERRED TO AND DATED SEPTEMBER 8, 2004. THIS CONVEYANCE IS SUBJECT TO THE COVENANTS AND RESTRICTIONS RECORDED IN DEED BOOK 206 AT PAGE 870, BOOK 793 AT PAGE 946 AND DEED BOOK 793 AT PAGE 957, DEED BOOK 798 AT PAGE 197, MCR, AS THEY APPEAR OF RECORD AND AS THEY MAY BE AMENDED FROM TIME TO TIME. FURTHER SUBJECT TO THE EASEMENTS AND SETBACK LINES AS SHOWN ON PLAT DULY RECORDED IN MAP BOOK 10 AT PAGE B, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE FULL AND COMPLETE DESCRIPTION. Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book CRP 812, at Page 114, as modified in Book CRP 985, at Page 712, in the office of the Register of Deeds of McDowell County. This is the same property described in the Deed of Trust recorded in Book CRP 812, at Page 114, as modified in Book CRP 985, at Page 712, in the office of the Register of Deeds of McDowell County. The current property owners are Harrill L. Blanton, Jr. and wife, Tena H. Blanton. The Substitute Trustee may, in the Substitute Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C. Gen. Stat. § 45-21.23. The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners’ association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics’ and materialmen’s liens, and any recorded releases. The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS, AND WITH ALL FAULTS.” Neither the Substitute Trustee nor the Holder of the Note secured by the Deed of Trust/Security Agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the Holder of the Note make 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. To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price. A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or $750.00 may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee’s Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee’s Deed for the 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 may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps, as well as the assessment fee of up to $500.00 required by NCGS § 7A-308(a)(1), and other costs of closing the sale. If the 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 include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and/or reinstatement of the loan. If the validity of the sale is challenged by any party, the Substitute Trustee, it their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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. In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property 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 herein, provided that the mortgagor/grantor 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. This the 22nd day of October, 2020. David G. Budd II, Esq. Substitute Trustee 207 Hillside Street Asheville, NC 28801 Telephone: 828-350-3814 Publish: November 15, November 22, 2020.



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