It is important to note that the deed description of the property or properties contained in this ad may or may not be the exact description of what is actually being sold. The property to be sold is that property contained in the deed description SAVE AND EXCEPT ANY CONVEYANCES OF RECORD. In other words, the deed description may include portions of land that have been sold off by the current owner, portions that are NOT subject to the sale.
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
COUNTY OF RUTHERFORD FILE NO. 10 CVD 460
THE COUNTY OF RUTHERFORD )
)
PLAINTIFF, )
)
VS. )
)
All assignees, heirs at law, and ) NOTICE OF SALE
devisees of CAROLYN W. BOYCE )
together with all her creditors and lien )
holders regardless of how or through )
whom they claim, and any and all persons )
claiming any interest in the estate of )
CAROLYN W. BOYCE, )
and BELINDA WATKINS LITTLEJOHN )
)
DEFENDANTS, )
and )
)
WACHOVIA BANK, NATIONAL )
ASSOCIATION, MORTGAGE )
ELECTRONIC REGISTRATION )
SYSTEMS, INC., and RUTHERFORD )
INTERNAL MEDICINE, P.A. )
)
DEFENDANT LIENHOLDERS. )
___________________________________ )
Under and by virtue of an order of the Clerk of Court of Rutherford County, North Carolina, made and entered in the action entitled “The County of Rutherford vs. Carolyn W. Boyce, et al” the undersigned commissioner will on the 6th day of August, 2010 offer for sale and sell for cash to the last and highest bidder at public auction, on the steps of the Rutherford County Courthouse located on Main Street, Rutherfordton, North Carolina 28139, at 10:00 a.m. the following described real property, lying and being in Cool Springs Township, State and County aforesaid, and more particularly described as follows:
Situate, lying and being in Forest City, Cool Springs Township, Rutherford County, North Carolina and lying on the eastern side of Astrid Lane and being Lot #17 of the Hidden Valley Subdivision as shown on Plat Book 10 Page 13 and being the same property as that described in Deed Book 516 Page 620 and being described in accordance with a new plat of surveying done by Jack Davis, May11, 1994 as follows:
BEGINNING at a new iron stake set on the eastern right of way edge of Astrid Lane, said beginning new iron stake being located South 36 degrees 45 minutes 28 seconds East 130.83 feet from a PK nail set in the centerline of the intersection of Astrid Lane with Mountain View Street, said beginning new iron stake also being the common westernmost corner of Lot 17 and Lot 16, and running thence from said beginning new iron stake along and with the Lot 16 boundary North 67 degrees 24 minutes 00 seconds East 141.79 feet to a new iron stake located in the Lot 19 boundary; thence leaving Lot 16 and running along and with Lot 19 South 33 degrees 44 minutes 32 seconds East 45.74 feet to a new iron stake, said stake being the common westernmost corner of tot 19 and Lot 20; thence leaving the Lot 19 boundary and running along and with Lot 20 boundary South 22 degrees 22 minutes 43 seconds East 50.00 feet to a new iron stake, said new iron stake being the northeasternmost corner of Lot 18; thence leaving the Lot 20 boundary and running along and with the Lot 18 boundary South 67 degrees 21 minutes 12 seconds West 150.44 feet to an existing iron stake located in the eastern right of way edge of Astrid Lane; thence leaving the Lot 18 boundary and running along and with the eastern right of way edge of Astrid Lane North 22 degrees 36 minutes 00 seconds West 95.00 feet to the point and place of BEGINNING and containing 0.3236 acres more or less. Tax Map 221-5-9.
The sale shall be made subject to all prior liens, unpaid taxes, restrictions, easements, and covenants of record and special assessments, if any. A deposit of five (5%) percent of the successful bid or Seven Hundred Fifty ($750.00) Dollars, whichever is greater, will be required.
This the 13th day of July, 2010.
________________________________
Elizabeth T. Miller, Commissioner
NORTH CAROLINA
RUTHERFORD COUNTY
Town of Spindale,
Plaintiff,
v.
Ernest H. Hamilton,
Defendant,
The County of Rutherford,
Defendant Lienholder,
Rutherford Hospital Inc.,
Defendant Lienholder, and
Calvin and Harriette Green,
Defendant Lienholders.
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE: 09 CvD 1129
NOTICE OF SALE
Under and by virtue of the order of the Clerk of Court of Rutherford County, North Carolina, made and entered in the action entitled “The Town of Spindale v. Ernest H. Hamilton, et al.” The undersigned commissioner will on the 3rd day of August 2010 offer for sale and sell for cash to the last and highest bidder at public auction, on the steps of the Rutherford County Courthouse located on Main Street, Rutherfordton North Carolina 28139 at 10:00 am. The following described real property lying and being in the town of Spindale, State and County aforesaid and particularly described as follows:
Situate, lying and being in Spindale, Rutherford County, North Carolina, being that same property conveyed to Ernest H. Hamilton from Harriette and Calvin Green by deed dated May 22, 1997 of record in Deed Book 691 Page 347, Rutherford County Registry and being mare particularly described as follows:
Tract One: Situate on the south side of Pennsylvania Avenue in the Town of Spindale adjoining the lands now or formerly of L.H. Thomas, Paul Duncan, and other and being the second tract of land described in a deed from S.B. Scoggins and other to J.W. Culbreth and wife dated February 1, 1937, and recorded in Rutherford County Registry in Deed Book 163 at Page 13 being and more particularly described as follows: BEGINNING at a stake in Pennsylvania Avenue, L.H. Thomas’ corner, and running thence with Pennsylvania Avenue south 64 East 82 feet to a stake in the Cowan line, thence South 24 West 150 feet to a stake in Paul Duncan’s line, thence with his line North 65 West 82 feet to a stake in his line, corner of L.H. Thomas thence with Thomas’ line North 24 East 150 feet to the BEGINNING.
Reference is hereby made to deed from J. L. Culbreth and wife to Mrs. W.P. Hardin dated July 3, 134 and recorded in Deed Book 156, Page357, and deed dated April 3, 1935, and recorded in a Deed Book 156 at Page 489 in Rutherford Count Registry.
Tract Two: Situate lying and being in the town of Spindale, North Carolina, on the south side of Pennsylvania Avenue and being part of that tract of land deeded in Deed Book 357 at Page 45, Rutherford County Registry and being described by metes and bounds as follow: BEGINNING on an iron pin in the south edge of Pennsylvania Avenue, same being the northwest corner of Paul Cooper’s lot, also shown on Tax Map 17, Block 5, Lot 5, runs thence with the south edge of Pennsylvania Avenue, North 65 West 8 feet to an iron pin, a new corner; run thence a new line South 25 West 150 feet to an iron pin, a new contact into thence with the old line South 65 East 8 feet to an iron pin, the southwest corner of Paul Cooper’s lot; thence with his line, North 25 East 150 feet to the point and place of BEGINNING.
The sale shall be made subject to all prior liens, unpaid taxes, restrictions, easements, and covenants of record and assessments, if any. A deposit of five (5%) percent of the successful bid or Seven Hundred Fifty ($750.00) Dollars, whichever is greater, will be required.
This is the 7th day of July, 2010
________________________________________
John B. Crotts, Commissioner
Date Posted: ______________________
By: ______________________________
