Details for Forecl Forest Haven LLC
STATE OF NORTH
COUNTY OF MOORE
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION
File No. 17 SP 225
IN THE MATTER OF NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT BY FOREST HAVEN, LLC TO BB&T COLLATERAL SERVICE CORPORATION AND SUBSEQUENTLY D. TALMADGE SCARBOROUGH III, SUBSTITUTE TRUSTEE
RECORDED AT BOOK 2793, PAGE 393 OF THE MOORE COUNTY REGISTRY
SUBSTITUTION OF TRUSTEE RECORDED AT BOOK 4862, PAGE 269,IN THE MOORE COUNTY REGISTRY
AMENDED NOTICE OF SALE
Date and Hour for Sale: Tuesday, October 22, 2019, at 11:00 a.m.
Place of Sale: Moore County Court Facility Building, 102 Monroe St., Carthage, NC
Under and by virtue of the power and authority contained in that certain North Carolina Deed of Trust and Security Agreement from Forest Haven, LLC, as Grantor, to BB&T Collateral Service Corporation, as Trustee, for the benefit of Branch Banking and Trust Company, recorded on May 4, 2005, in Book 2793, Page 393 of the Moore County Registry as modified (the “Deed of Trust”) and because of default having been made in the payment of the indebtedness secured by the Deed of Trust and failure to do and perform the stipulations and agreements therein contained, pursuant to demand of CL45 MW Loan 1, LLC, the current Owner and Holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of Sale entered by the Court on April 26, 2018, the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash the property conveyed in the Deed of Trust, the same being those tracts or parcels of land lying and being in the County of Moore, State of North Carolina, and being more particularly described as follows:
A certain parcel or tract of land in McNeill Township, Moore County, North Carolina, being a part of the Edith Blue Foster & Pauline Blue Taylor Property recorded in Deed Book 1371, Page 554, fronting on the Northwest side of Ring Road (State Road No. 1827), bounded on the Southwest by Milton Pilson, on the Northwest by Frances Taylor & on the Northeast by Michael Parker, described as follows:
Beginning at an existing pk nail in the centerline of Ring Road (State Road No. 1827), said corner being the Eastern most corner of the Milton Pilson Tract I as recorded in Plat Cabinet 6, Slide 945 in the Moore County Registry, and being further located N 46°45'00" E 377.42 feet from a pk nail in the centerline of the intersection of Ring Road (State Road No. 1827) & Union Pines School Road (State Road No. 1805); Running thence from the beginning, as the common line of Pilson & grantee, N 43°15'12" W 354.30 feet to an iron pipe in the common line with Frances Taylor; Thence as the common line of Taylor & grantee, N 34°08'31" E 1440.30 feet to an iron pipe, a common corner of Michael Parker & grantee, in the common line with Taylor; Thence as the common line of Parker & grantee, S 61°36'16" E 704.53 feet to a rr spike located 0.75 feet west of the center line of Ring Road (State Road No. 1827), a common corner of Parker & grantee; Thence down the approximate centerline of said road, S 46°45'00" W 1627.40 feet to the beginning, containing 18.21 acres, more or less, and being a portion of the Edith Blue Foster & Pauline Blue Taylor Property recorded in Deed Book 1371, Page 554 in the Moore County Registry. Also reference Deed Book 1149, Page 438.
Lot No 2, J F Cole Land, 62.60 acres, as shown on survey thereof recorded in the Office of the Register of Deeds of Moore County, North Carolina, in Deed Book 350, at page 408
EXCEPTING, HOWEVER, from the above tract, the following described parcel BEGINNING at a stake, said stake being located North 02 deg 39 man 44 sec East 709 43 feet from a stake in the northern 30 foot right-of-way of State Road 1805; running thence along the western line of the 84 5 acre tract as described in Deed Book 177, page 1 of the Moore County Registry, North 02 deg 39 min 44 sec. East 2904.56 feet to an existing pine knot in the southern boundary of the James Ring Tract; running thence South 11 deg. 27 min 48 sec West 300 0 feet to an iron pipe, thence South 08 deg 09 min 20 sec. West 198.0 feet to an iron stake; thence South 00 deg 53 min. 04 sec. West 377.02 feet to an iron stake, thence South 01 deg 36 min 43 sec. West 221.46 feet to an iron stake, thence South 01 deg 29 min 00 sec West 152 19 feet to an iron stake, thence South 00 59 min 19 sec West 270 12 feet to an iron stake; thence South 01 deg 08 min. 44 sec. West 300 1 feet to an iron stake, thence South 00 deg. 43 min. 16 sec. West 346 40 feet to an iron stake, thence South 00 deg 54 min. 50 sec. West 253 93 feet to an iron stake, thence South 01 deg. 19 min 58 sec West 300 03 feet to an iron stake, thence South 01 deg. 33 min. 59 sec West 190.60 feet to the BEGINNING, containing 2 166 acres, more or less.
BEGINNING at a stake, said stake being located N 2 degrees 39’44" E 709 43 feet from a stake in the northern 30 foot right-of-way of State Road 1805, running thence along the western line of the 84 5 acres tract as described in Deed Book 117, Page 1, of the Moore County Registry, N 2 degrees 39’44" E 2904 56 feet to an existing pine knot in the southern boundary of the James Ring Tract, running thence S 11 degrees 27’48" W 300 00 feet to an iron pipe, thence S 8 degrees 9’ 20" W 198 0 feet to an iron stake, thence S 0 degrees 53’04" W 377 02 feet to an iron stake, thence S 1 degree 36’43" W 221 48 feet to an iron stake, thence S 1 degree 29’00" W 152 19 feet to an iron stake, thence S 0 degrees 59’19" W 270 12 feet to an iron stake, thence S 1 degree 08’44" W 301.1 feet to an iron stake, thence S 0 degrees 43’16" W 346 40 feet to an iron stake, thence S 0 degrees 54’50" W 253 93 feet to an iron stake, thence S 1 degree 19’58" W 300 03 feet to an iron stake, thence S 1 degree 33’59" W 190 60 feet to the beginning, containing 2 166 acres, more or less, and being the same tract or parcel of land excepted from that certain deed from Grantors to Roy E Parrish et ux dated November 4, 1974, and recorded in Book 301, Page 421, Moore County Registry
BEGINNING at a stake, an old tire jack, in the western line of Stanley B Morse property described in Deed Book 311 at Page 269, Moore County Registry, said stake being the northeast corner of 3 91 acres described in Deed Book 464 at Page 363, Moore County Registry, running thence North 74 degrees 26 minutes 08 seconds West 76 38 feet to a new iron rod, Balance corner, thence with the Balance line North 01 degree 44 minutes 51 seconds East 2,250 79 feet to a new iron rod, another corner of Balance; thence South 87 degrees 27 minutes 33 seconds East 58 78 feet to a stake, another corner of Balance in the western line of the 2 166 acres conveyed to Morse by deed recorded in Deed Book 818 at Page 221, Moore County Registry and also being another corner of Balance, thence with the western line of Morse's 2 166 acre tract the following courses and distances South 01 degree 36 minutes 43 seconds West 136 35 feet, South 01 degree 29 minutes 00 seconds West 152.19 feet, South 00 degrees 59 minutes 19 seconds west 270.13 feet, South 01 degree 08 minutes 44 seconds West 300 10 feet, South 00 degees 43 minutes 17 seconds West 346 40 feet, South 00 degree 54 minutes 50 seconds West 253 93 feet, South 01 degree 19 minutes 58 seconds West 300 03 feet, South 01 degree 33 minutes 06 seconds West 190 65 feet, and South 02 degrees 39 minutes 44 seconds West 318 61 feet to the beginning, and containing 3 635 acres, more or less and being the same property shown on that certain survey made by Roger C Cagle, R L S , dated May 6, 1993
BEGINNING at a stake in the north margin of State Road No 1805 leading from Vass, N C , to Carthage, N C , via Union Church, said stake being 30 feet from the center line of said road and being at or near the dividing corner between Lot Nos 1 and 2 of the Division of the J L Cole Estate, which division is shown by a map recorded in the Public Registry of Moore County, N C , in Map Book No. 1, Sec 2, Page 128, and runs thence, with the dividing line between Lot Nos 1 and 2, North 3 degrees 30 minutes East 3,632 feet to an iron stake, the northerly dividing corner between Lot Nos 1 and 2 and being in James Ring's Southern Line, and runs thence with the northerly boundary of Lot No 1 and with James Ring’s South Line 73 degrees 00 minutes East 1308 8 feet at an iron stake just South of Long Branch, and runs thence, crossing Long Branch direct North 50 feet to an iron stake, and runs thence, with a line of R L Ring and re-crossing Long Branch, North 75 degrees 30 minutes East 915 feet to an iron stake in R L Ring’s line, and continuing thence with R L Ring’s line North 79 degrees 30 minutes East 99 feet to an iron stake, R L Ring’s corner, and continuing thence with R L Ring’s line North 67 degrees 00 minutes East 148 5 feet to an iron stake, R L Ring's corner, and runs thence re-crossing Long Branch and running with a line of Johnnie Hick's, South 37 degrees 00 minutes East 792 feet to an iron stake, Ernest Patterson's corner, and runs thence, with a line of Ernest Patterson South 35 degrees 00 minutes West 990 feet to an iron stake in Elbert W Taylor's line, Ernest Patterson's and W S Ring's corner, and runs thence leaving the original outside line and running a new line South 64 degrees 00 minutes West 450 feet to an iron stake in the edge of a field, and runs thence North 22 degrees 00 minutes West 127 feet and runs thence North 0 degrees 30 minutes East 211 feet and runs thence North 80 degrees 00 minutes West 116 feet to a stake, and runs thence North 4 degrees 15 minutes West 163 feet and runs thence North 10 degrees 45 minutes West 208 feet, and runs thence North 2 degrees 00 minutes East 349 feet to a stake in the edge of the field, and runs thence South 55 degrees 00 minutes West 356 feet, and runs thence South 9 degrees 00 minutes West 148 feet and runs thence South 32 degrees 00 minutes East 208 feet to a stake in the edge of the field, and runs thence South 58 degrees 00 minutes West 155 feet to a stake, and runs thence South 54 degrees 00 minutes West 172 feet to a stake, and runs thence South 42 degrees 00 minutes West 522 feet to a stake, and runs thence South 28 degrees 00 minutes West 138 feet, and runs thence South 63 degrees 00 minutes West 109 feet and runs thence South 67 degrees 00.minutes West 169 feet, and runs thence South 41 degrees 00 minutes West 213 feet to a stake and runs thence South 60 degrees 00 minutes West 120 feet, and runs thence South 81 degrees 15 minutes West 146 feet and runs thence South 68 degrees 30 minutes West 108 feet and runs thence South 15 degrees 15 minutes West 170 feet and runs thence South 20 degrees 00 minutes west 161 feet to a stake in an old road and runs thence leaving the old road and running South 3 degrees 30 minutes West 1134 feet to an iron stake in the north margin of the above- mentioned road No 1805, gum pointers, and runs thence along the north margin of the road 30 feet from and parallel with the center line North 81 degrees 00 minutes West 40 feet to the beginning, containing 84 5 acres, more or less
This being a part of a tract or parcel of land conveyed to Elbert W Taylor and wife, Lela Reynolds Taylor, by Raymond Gibbons by deed dated June 27, 1952, and being in the Public Registry of Moore County, North Carolina, recorded in Deed Book No 177, at Page No 1
Being also the same land as conveyed and described in a deed from Elbert W Taylor and wife, Lela Reynolds Taylor, to Roby H Futrell, dated September 19, 1967, and being recorded in the Moore County Public Registry, in Deed Book 303 at Page 383
a certain tract or parcel of land in McNeill Township, Moore County, State of North Carolina and bounded as follows, viz:
All that certain tract or parcel of land containing One Hundred Sixty-Eight (168) acres, more or less, in McNeill Township, Moore County, North, Carolina, located on the north side of the Vass-Carthage Road, about 2½ miles northwest from the Town of Vass, adjoining, nor or formerly, the lands of W.D. Richardson, J.B. Patterson, McDonald, Lewis George, J.L. Hicks, Raymond Gibbons, and others, and more particularly described according to a certain plat thereof made by W.N. McLauchlin, Surveyor, from a survey made on February 8, 1946, as follows:
Beginning at the old Parker corner on the old road between Vass and Carthage, and runs thence with the old Parker line south 5 degrees east .83 chains to the north margin of the new road or highway between Vass and Carthage; thence along the line of the new road north 81 degrees west 7.94 chains to a stake, a corner; thence leaving the highway, and with a marked line, north 30 minutes east 55.42 chains to a stake; thence south 75 degrees east crossing long Branch 19.83 chains; thence due north .75 chains; thence north 78 degrees 30 minutes east 13.87 chains to a stake; thence north 81 degrees 30 minutes east 1.50 chains; thence north 70 degrees east 2.25 chains to a stake on the wouth side of said Long Branch; thence south 40 degrees east 12 chains to an iron stake; thence south 32 degrees 30 minutes west 56 chains to a point in the center of the old road: thence along the center of the old road north 81 degrees west 6.60 chains to the point of beginning. Said tract of land being composed of two tracts of land, one described in that certain deed from Sam Evans and N.N. McLean, Trustees, to J.S. Ransdell and wife, Annie M. Ransdell, dated November 16, 1945, recorded in Book 147, page 390, and the other tract described in that certain deed from W.F. Alexander, widower to J.S. Ransdell and wife, Annie M. Ransdell, recorded in Book 138, page 560, in the office of the Register of Deeds for Moore County, reference to same being hereby made for a more definite and particular description.
SAVE AND EXCEPT.: That property conveyed by Elbert Taylor and Lela Reynolds Taylor in Deed Book 303, Page 383, Moore County Registry.
It is the intent of the grantors herein to convey any and all remaining real property interest belonging to Lela Reynolds Taylor located in Moore County , North Carolina at the time of her death.
FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND UNPAID TAXES OR ASSESSMENTS AND ALL PRIOR LIENS, EASEMENTS, CONDITIONS, RESTRICTIONS AND OTHER PRIOR MATTERS OF RECORD. THIS SALE IS FURTHER SUBJECT TO THE RIGHT, IF ANY, OF THE UNITED STATES OF AMERICA TO REDEEM THE ABOVE-DESCRIBED PROPERTY FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS FOLLOWING CONFIRMATION OF THE SALE.
To the best of the knowledge and belief of the undersigned, the current owner of the property according to the Moore County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is Forest Haven, LLC.
The terms of the sale are as follows: A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Substitute Trustee’s Deed. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed. This sale will be held open for ten (10) days for upset bids as required by law.
This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due. There are no representations 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 the property will be sold “AS IS”, “WHERE IS”.
THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THE SUBSTITUTE TRUSTEE’S DEED.
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 for such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.
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.
Pursuant to N.C. Gen. Stat. § 45-21.16A, to the extent the property constitutes 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.
This the 23rd day of September, 2019.
D. Talmadge Scarborough
Pate & Scarborough LLP
PO Box 1669
Pinehurst, NC 28370