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. 08 CVD 1185
NOTICE OF SALE
THE COUNTY OF RUTHERFORD
PLAINTIFF,
VS.
JAMES K. SHRIVNER,
DEFENDANT.
___________________________________
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. James K. Shrivner” the undersigned commissioner will on the 26th day of June, 2009 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 Colfax Township, State and County aforesaid, and more particularly described as follows:
Lying and being in Colfax Township, Rutherford County, North Carolina, and being all that property conveyed by deed dated February 6, 1992 as described and recorded in Deed Book 588 at Page 503, Rutherford County Registry and being described from said deed as follows:
BEGINNING at a point in the center of Cherry Mountain Street, which point is North 31 degrees 43 minutes 09 seconds West 50.65 feet from the intersection of the centerline of Cherry Mountain Street with the centerline of Byers Street in the Town of Ellenboro, North Carolina, and runs thence from the BEGINNING and with an adjoining 0.63 acre tract South 70 degrees 23 minutes 25 seconds West, passing through an iron pin at 25.19 feet, a total distance of 87.62 feet to an iron pin; thence continuing with the line of 0.63 acre tract North 31 degrees 43 minutes 09 seconds West 60.34 feet to an iron pin; thence North 59 degrees 11 minutes 54 seconds East, passing through an iron pin at 61.01 feet, a total distance of 85.68 feet to a point in the center of Cherry Mountain Street; thence with the center of Cherry Mountain Street South 31 degrees 43 minutes 09 seconds East 77.35 feet to the BEGINNING, containing 0.14 acres more or less.
ALSO CONVEYED HEREWITH is a right of way and easement for the non exclusive use of the septic tank and sewer lines located on the adjoining .63 acres for the purpose of residential use as long as the owner of the above described .14 acre pays one-half (½) of any maintenance cost associated with the septic tank and sewer system with the right to enter upon the .63 acres for the purpose of maintenance and upkeep of said septic tank and sewer system.
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 1st day of June, 2009.
________________________________
Elizabeth T. Miller, Commissioner
