CLERK OF COURT'S NOTICE OF SALE 2014-CP-37-0023
CLERK OF COURT'S NOTICE OF SALE 2014-CP-37-00238 BY VIRTUE of a decree heretofore granted in the case of: JPMorgan Chase Bank, National Association vs. Gary Lee Hess; et al., I, the undersigned Beverly H. Whitfield, Clerk of Court for Oconee County, will sell on Monday, November 3, 2014, at 11:00 a.m., at the County Courthouse, 205 West Main Street, Walhalla, SC 29691, to the highest bidder: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND SITUATE, LYlNG AND BEING IN THE STATE OF SOUTH CAROLINA, COUNTY OF OCONEE, BEING SHOWN AND DESIGNATED AS LOT NO. 1, SECTION TIDEWATER, FOXWOOD HILLS SUBDIVISION, AS SHOWN AND MORE FULLY DESCRIBED ON A PLAT THEREOF RECORDED IN PLAT BOOK42 AT PAGE 128, RECORDS OF OCONEE COUNTY, SOUTH CAROLINA. THE METES AND BOUNDS, COURSES AND DISTANCES AS ARE SHOWN ON SAID PLAT ARE INCORPORATED HEREIN BY REFERENCE THERETO. TMS # 316-04-01-001 ALSO: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND SITUATE, LYlNG AND BEING IN THE COUNTY OF OCONEE, STATE OF SOUTH CAROLINA, BEING SHOWN AND DESIGNATED AS LOT NO. 3, TIDEWATER SECTION, FOXWOOD HILLS SUBDIVISION, ON PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF COURT FOR OCONEE COUNTY, SOUTH CAROLINA IN PLAT BOOK 42 AT PAGE 128. FOR MORE PARTICULAR DESCRIPTION OF METES AND BOUNDS, REFERENCE IS INVITED TO AFOREMENTIONED PLAT. TMS # 316-04-01-003 ALSO: ALL THAT CERTAIN PIECE, PARCEL OR LOT OF LAND SITUATE, LYlNG AND BEING IN THE COUNTY OF OCONEE, STATE OF SOUTH CAROLINA, BEING SHOWN AND DESIGNATED AS LOT NO. 2, TIDEWATER SECTION, FOXWOOD HILLS SUBDIVISION, ON PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF COURT FOR OCONEE COUNTY, SOUTH CAROLINA IN PLAT BOOK 42 AT PAGE 128. FOR MORE PARTICULAR DESCRIPTION OF METES AND BOUNDS, REFERENCE IS INVITED TO AFOREMENTIONED PLAT. THIS PROPERTY INCLUDES A 1995 HORTON MOBILE HOME SERIAL NUMBER H68788GLR, WHICH HAS BEEN AFFIXED TO THE AFOREMENTIONED PROPERTY AND HAS BECOME A PERMANENT FIXTURE THEREON AND PIECE AND PARCEL THEREOF. TMS # 316-04-01-002 The Mobile Home located on the subject property has been permanently de titled according to the laws of the State of South Carolina by virtue of that certain Manufactured Home Affidavit for Retirement of Title Certificate, dated September 27, 2006 and recorded October 27, 2006 in Book 2006 at Page 605964. This being the same property conveyed to Gary Lee Hess by Deed of Sharon L. Shevalier a/k/a Sherri L. Shevalier dated September 27, 2006 and recorded October 5, 2006 in Book 1536 at Page 164 in the ROD Office for Oconee County. TMS No. 316-04-01-002 Property address: 804 Trailwinds Drive, Westminster, SC 29693 TERMS OF SALE: The successful bidder, other than the Plaintiff, will deposit with the Clerk of Court, at conclusion of the bidding, five percent (5%) of said bid is due and payable immediately upon closing of the bidding, in cash or equivalent, as evidence of good faith, same to be applied to purchase price in case of compliance, but to be forfeited and applied first to costs and then to Plaintiff's debt in the case of non-compliance. In the event of a third party bidder and that any third party bidder fails to deliver the required deposit in certified (immediately collectible) funds with the Office of the Clerk of Court, said deposit being due and payable immediately upon closing of the bidding on the day of sale, the Clerk of Court will re-sell the subject property at the most convenient time thereafter (including the day of sale) upon notification to counsel for Plaintiff. Should the last and highest bidder fail or refuse to comply with the balance due of the bid within 30 days, then the Clerk of Court may re-sell the property on the same terms and conditions on some subsequent Sales Day (at the risk of the said highest bidder). Personal or deficiency judgment being demanded, the bidding will remain open for a period of thirty (30) days after the sale date. The Plaintiff may waive its right to a deficiency judgment prior to sale, in which case the bidding will not remain open after the date of sale, but compliance with the bid may be made immediately. Purchaser to pay for documentary stamps on Clerk of Court's Deed. The successful bidder will be required to pay interest on the balance of the bid from the date of sale to date of compliance with the bid at the rate of 6.875% per annum. The Plaintiff may waive any of its rights, including its right to a deficiency judgment, prior to sale. The sale shall be subject to taxes and assessments, existing easements and restrictions of record. The sale will not be held unless either the Plaintiff's attorney or the Plaintiff's bidding agent is present at the sale and either the Plaintiff's attorney or the Plaintiff's bidding agent enters the authorized bid of the Plaintiff for this captioned matter. In the alternative, Plaintiff's counsel, if permitted by the Court, may advise this Court directly of its authorized bidding instructions. In the event a sale is inadvertently held without the Plaintiff's Counsel or Counsel's bidding agent entering the authorized bid of the Plaintiff for this specifically captioned matter, the sale shall be null and void and the property shall be re-advertised for sale on the next available sale date. This sale is subject to all title matters of record and any interested party should consider performing an independent title examination of the subject property as no warranty is given. Neither the Plaintiff nor its counsel make representations as to the integrity of the title or the fair market value of the property offered for sale. Prior to bidding you may wish to review the current state law or seek the advice of any attorney licensed in South Carolina. Scott Law Firm, P.A. Attorney for Plaintiff Beverly H. Whitfield Clerk of Court for Oconee County