Legal Notices

AMENDED NOTICE OF FORECLOSURE SALE 22 SP 8 Under and by virtue of the power of sale contained in a certain Deed of Trust made by Jeffery B. Cabe (PRESENT RECORD OWNER (S): Jeffery B. Cabe) to Fidelity National Title Insurance Company, Trustee (s), dated April 27, 2013, and recorded in Book No. 328, at Page 14 in Graham 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 Graham 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 Robbinsville, Graham County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 p.m. on May 23, 2024 and will sell to the highest bidder for cash the following real estate situated in Robbinsville in the County of Graham, North Carolina, and being more particularly described as follows: North Carolina, and being more particularly described as follows: PARCEL1: Being that certain tract or parcel of real property lying in Stecoah Township, Graham County, North Carolina, said tract or parcel of real property being more particularly described on a plat of survey by Charles V. Bryson, R.L.S., L-3182, dated June 30, 1993, and titled "Survey for JACK CABE", and reference to said plat of survey being made for a more particular and accurate description of said real property, and said real property being more particularly described from said plat of survey as follows. Beginning on an iron rod set in a hollow near the center of a road at a corner common to Sawyer (DB. 89 PG. 1) said iron rod set being a tie and bearing S. 22-56-38 W. 755.57 feet from a U.S.F.S. aluminum monument found, and running thence from said beginning point, with a line common to Sawyer (DB. 89 PG. 1), S. 33-47-30 E. 59.53 feet, to an iron rod set in the center of a hollow on the 1710 foot contour line of Fontana Lake; thence, with the 1710 foot contour line of Fontana Lake the following four (4) courses and distances: S. 07-25-14 W. 106.29 feet, to a point; S. 00-04-43 E. 59.70 feet, to a point; S. 54-53-23 W. 65.96 feet to a point; S. 80-39-35 W. 65.80 feet, to an iron rod previously set on the 1710 foot contour lint of Fontana Lake at a corner common to Colvard; thence, with a line common to Colvard, N. 18-21-07 W. 877.57 feet, to an iron rod previously set (flush) in the center of a 10 foot wide road at a corner common to Sawyer (DB. 89 PG. 1); thence, with a line common to Sawyer (DB. 89 PG. 1), and with the center of said 10 foot wide road, the following six (6) courses and distances: N. 79-09-31 E. 34.88 feet to a point; N. 62-59-33 E. 40.37 feet, to a point; N. 42-41-00 E. 16.38 feet, to a

point; N. 19-32-57 E. 23.14 feet, to a point; N. 12-28-10 E. 82.69 feet, to a point; N. 26-18-05 E. 45.29 feet, to the place and point of beginning, containing 0.45 acres, more or less, by double meridian distance. Grantors hereby grant and convey to the Grantees a permanent and perpetual road easement and right of way over and across an existing gravel road as conveyed to Grantor in Book 155 at Page 787, Graham County Registry. Subject to a permanent and perpetual road easement and right of way as reserved in Book 155 at Page 787, Graham County Registry. PARCEL 2: All that certain lot or parcel of land situated in Stecoah Township, Graham County, North Carolina and more particularly described as follows: Being bounded on the North by Cabe (155/784), on the East by Cabe (158/644), on the South by Colvard (150/161), and being that tract of property designated as Tract 1 as surveyed by William R. Howell, R.L.S. No. L-3514, entitled, "Boundary Survey for Jeff Cabe", completed February 9, 1998 reference to which is hereby made, which property is more particularly described as follows: Beginning at a new iron pin set at the Southeastern tip or corner of the premises herein, corner common to Colvard set at the Southeastern tip or corner of the premises herein, corner common to Colvard (150/161) and to Cabe (158/944), said pin being located N. 18-21-07 W. 50.55 feet from an existing iron pin and running from said new iron pin N. 70-29-49 W. 39.63 feet to a new iron pin; thence S. 73-09-31 W. 25.85 feet to a new iron pin; thence N. 19-33-41 E. 20.80 feet to an iron pin set in the centerline of a 10 feet wide gravel road; thence N. 77-15-40 E. 44.57 feet to a nail set; thence S. 18-21-07 E. 37.05 feet to a new iron pin and place of the beginning, containing 0.026 acres, more or less. Together with improvements located thereon; said property being located at 364 Fontana Lakeside Drive, Robbinsville, North Carolina. Also conveyed herewith is a permanent easement and perpetual right of way which shall be appurtenant to and which shall run with the premises herein; said right and easement shall be ten (10) feet wide and shall be located over and upon the existing 10 feet wide private roadway and easement presently serving for ingress, egress and regress to and from the above-described premises and S.R. #1236 The premises herein is subject to that portion of the 10 feet wide private easement and roadway presently traversing and crossing over and upon the Northwestern corner of the subject property. TaxID/APN#: 5693040200005 & 6603000041502 Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour 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). 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 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 coun

ty 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 Hutchens Law Firm P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Firm Case No: 8249 -31834 CREDITORS NOTICE ESTATE OF DELORA BUCHANAN File #24 E 40 Having qualified as the Executor of the Estate of Delora W. Buchanan, late of Graham County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: Karen Buchanan Phillips 324 Sandhole Road Robbinsville, N.C. 28771 on or before 07/23/2024 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 22nd Day April 2024 Karen Buchanan (Executor) Delora W. Buchanan (Deceased) (812638) CREDITORS NOTICE ESTATE OF MICHAEL STEPHEN HYDE FILE # 24 E 35 Having qualified as the ADMINISTRATOR of the Estate of MICHAEL STEPHEN HYDE late of Graham County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: TAMMY HYDE PO BOX 1220 ROBBINSVILLE, NC 28771 on or before 07/14/2024 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 16th APRIL 2024. TAMMY HYDE, ADMINISTRATOR/EXECUTOR for MICHAEL

STEPHEN HYDE, deceased. (811579) CREDITORS NOTICE: Estate of Novella Hedrick Hyde File #24 E 37 Having qualilfied as the Administrator of the Estate of Novella Hedrick Hyde late of Graham County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceased to exhibit them to the undersigned at the following address: Latisha Shuler Perkins 268 Winfield Drive Clyde, N.C. 28721, on or before 07/23/2024 or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 24th April 2024 Latisha Shuler Perkins (Administrator) Novella Hedrick Hyde (Deceased) (814404) CREDITORS NOTICE ESTATE OF Roy A. Smith FILE # 24 E 39 Having qualified as the Administrator of the Estate of Roy A. Smith late of Graham County, State of North Carolina, this is to notify all persons having claims against the Estate of said deceasesd to exhibit them to the undersigned at the following address: David M. King 109 Muskogee Lane Gray Court, South Carolina 29645, on or before 07/23/2024 or this notice wil be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 24th April 2024. David M. King (Administrator) Roy A. Smith (Deceased) (813279)