IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION BUNCOMBE COUNTY 17SP86 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY CALVIN L. RHINEHART AND LISA F. RHINEHART DATED AUGUST 13, 2010 AND RECORDED IN BOOK 4812 AT PAGE 722-738 IN THE BUNCOMBE 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 10:00AM on August 29, 2017 the following described real estate and any other improvements which may be situated thereon, in Buncombe County, North Carolina, and being more particularly described as follows: The following described property: All that certain lot or parcel of land situated in the City of Buncombe County, North Carolina and more particularly described as follows: Beginning at an existing iron pin, said iron pin being located North 72 deg. 46 min. 17 sec. West 50.36 feet from a point which marks the northwest corner of Lot 1 of the Cliffs Subdivision recorded in Plat Book 56 page 100, Buncombe County Registry and runs thence from said beginning point established, North 72 deg. 46 min 17 sec. West 72.72 feet to an iron pin; thence with the eastern line of the Calvin Rhinehart property as recorded in Deed Book 1604, page 337, North 09 deg 57 min 50 sec, East 184.39 feet to an iron pine in the centerline of a thirty foot right of way; thence with the centerline of said thirty foot right of way, South 61 deg 22 min 14 sec East 46.20 feet to an iron pin; thence South 79 deg 28 min 14 sec East 56.22 feet to an iron pin; thence leaving the centerline of said right of way, South 18 deg 50 min 46 sec West while passing an iron pin at 22.07 feet a total distance of 180.42 feet to the point and place of beginning. Containing .35 acres and being the same property as shown on a survey entitled "Calvin Rhinehart, dated April15, 1999 and prepared by James E. Ellis, R.L.S. Being a portion of the property conveyed to R.B. Huntley and wife, Brenda G. Huntley as recorded in Deed Book 1601, page 482, Buncombe County Registry. There is also conveyed herewith a non-exclusive right of way for ingress, egress and regress over and upon a thirty foot right of way leading from the above described property to June Sayles Road (S.R. 2772), the centerline of which is more particularly described as follows: Beginning at an iron pin located in the centerline of a thirty foot right of way, said iron pin marking the northeast corner of the above described property and said iron pin also being located North18 deg 50 min 46 sec East 180.42 feet from an iron pin which marksthe beginning corner of the above described property and runs thence from said beginning point established, North 79 deg 28 min 14 sec West 56.22 feet to an iron pin; thence North 61 deg 22 min 34 sec West while passing an iron pin at 46.20 feet which marks the northwest corner of the above described property, a total distance of 116.31 feet to a point in the right of way of June Sayles Road (S.R. 2772). And Being more commonly known as: 15 Huntley Rd, Asheville, NC 28803 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Calvin L. Rhinehart. 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 July 26, 2017. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 17-088852 August 17, 25, 2017 (2307704)
