Adkins 30764
NOTICE OF FORECLOSURE SALE
26SP000136-100
Under and by virtue of the power of sale contained in a certain Deed of Trust made by David G. Adkins (Deceased) and Linda Adkins (PRESENT RECORD OWNER(S): David G. Adkins) to Michael Lyon, Trustee(s), dated August 28, 2014, and recorded in Book No. 5239, at Page 811 in Buncombe County Registry, North Carolina, default having been made in the payment of the promissory note secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds Buncombe County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in Asheville, Buncombe County, North Carolina, or the customary location designated for foreclosure sales, at 10:30 AM on May 19, 2026 and will sell to the highest bidder for cash the following real estate situated in Candler in the County of Buncombe, North Carolina, and being more particularly described as follows:
Tax Id Number(s): 8696-56-9719-00000
Land Situated in the County of Buncombe in the State of NC
Beginning at an iron pin in the center of the state road known as Mountain Drive, said iron pin being the Southwest corner of that tract or parcel of land as described in a Deed dated the 9th day of March, 1981 from L.V. Young and wife, Blanche M. Young to Charles B. Kemp and wife, Lucille Kemp, said Deed being recorded in Deed Book 1267 at Page 555, Buncombe County Registry and from beginning point thus established, runs with the center of the state road known as Mountain Drive, the following two calls and distances; South 32 degrees 21 minutes West 39.50 feet; thence South 41 degrees 51 minutes West 77.50 feet; thence leaving the center of the state road known as Mountain Drive, South 47 degrees 34 minutes East 161.91 feet to an old hub, said hub being the Southwest corner of Lot No. 1 of Plat Book 26 at Page 40; thence with the Western line of said lot, North 43 degrees East 134.57 feet to an iron pin, said iron pin being the Southeast corner of the Kemp Property as above described and runs thence with the Southern line of the Kemp Property North 53 degrees 38 minutes West 171.92 feet to the point or place of beginning. Together with improvements located thereon; said property being located at 1011 Mountain Drive, Candler, North Carolina.
And being all of Lot No. 1 of an unrecorded plat entitled "Property of L.V. Young" dated April 21, 1980 by Hurley T. King, R.L.S.
NOTE: The Company is prohibited from insuring the area or quantity of the land. The Company does not represent that any acreage or footage calculations are correct. References to quantity are for identification purposes only.
Commonly known as: 15 Mountain Dr, Candler, NC 28715
Trustee may, in the Trustee's sole discretion, delay the sale for up to three hours as provided in N.C.G.S. §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1).
Should the property be purchased by a third party, 31 CFR 1031.320 requires certain qualifying residential real estate transactions to be reported to the federal government. If you are the successful bidder in this proceeding, you may be required to provide all applicable identifying information about yourself and, if applicable, any entity or trust purchasing the property.
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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
If the 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 reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in its sole discretion, if it believes 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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
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 foreclosure 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 not more than 90 days, after the sale date contained in this 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Foundation Legal Group
P.O. Box 1028
Fayetteville, NC 28302
4317 Ramsey Street
Fayetteville, NC 28311
Phone No: (910)864-3068
https://sales.hutchenslawfirm.com
Firm Case No: 30764 - 159673
Publication Dates
LGSC0515240