Details for McDowell


NOTICE IS HEREBY GIVEN BY CASCADE HIGHLANDS PROPERTY OWNERS ASSOCIATION, INC., THAT BY VIRTUE OF the power of sale contained in the Planned Community Act, Chapter 47F of the North Carolina General Statutes, and pursuant to N.C. Gen. Stat. 45-21.16, default having been made in payment of dues and assessments to the association; and the necessary findings to permit foreclosure having been made by the McDowell County Clerk of Superior Court in the Order of Foreclosure Sale entered on September 29, 2021; the undersigned Trustee will offer for sale at public auction to the highest bidder for cash, the following described property in McDowell County, N.C.: LEGAL DESCRIPTION: Situate, lying and being in Nebo and Higgins Townships, McDowell County, North Carolina and being all of the 2.33 acre tract shown as Lot #33 on plat entitled "Cascade Highlands Phase II," Sheet One of Two, as shown on plat of record in Plat Book 7, at Page 14, McDowell County Registry. Being a portion of that 177.13 acres conveyed in Deed from The Van Houten Group, Inc., a North Carolina Corporation, and Ernest H. Van Houten and wife, Joan Van Houten to Mtn. Creek Land Co., Inc., dated April 24, 2001 and of record in Book 641, at Page 953, McDowell County Registry. SUBJECT TO all notes shown on plats hereinabove referred to and further subject to any restrictions or rights of way of record and SUBJECT FURTHER TO all provisions and restrictions of record as set forth in Declaration of Covenants and Restrictions of Cascade Highlands dated June 22, 2001 and of record in Book 648, at Page 950, McDowell County Registry. DATE, TIME and LOCATION OF SALE: Wednesday, October 27, 2021, 12:00 Noon at the Front door of the McDowell County Courthouse. RECORD OWNER(S): Don R. Summerlin and Hedda E. Summerlin TERMS OF THE SALE: The property is being sold "as is"; neither the association nor the Trustee make any warranties or representations concerning the property. At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. The highest bidder will be responsible for the revenue stamps, Clerk's fee, recording fees, and deed preparation at the end of the ten (10) day upset bid period. An order for possession of the property being sold may be issued pursuant to N.C.G.S. ยง?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 sale, terminate the rental agreement by providing written notice 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 record owners have 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. James B. Hogan, Trustee, Starnes Aycock Law Firm, 118 N. Sterling St., Morganton, N.C. 28655 (828) 437-3335. Publish: October 14, and October 21, 2021