Foreclosure notices

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NOTICE OF FORECLOSURE SALE

15 SP 419

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Samuel Randall and Gretchen Randall and Samuel John Randall, IV and Julie Lynn Randall (PRESENT RECORD OWNER(S): Gretchen C. Randall, Julie Lynn Randall, Samuel John Randall, III and Samuel John Randall, IV) to Collins & Collins, Trustee(s), dated the 25th day of June, 2004, and recorded in Book 4387, Page 615, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby 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 of New Hanover 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 the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on August 11, 2015 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

Being all of Lot 1 (one) in Block 207 according to the plan of the Northern Extension of Carolina Beach prepared by M.H. Lander, C.E. and duly recorded in Map Book 3, at Page 67 in the office of the Register of Deeds of New Hanover County. This is the same property as property conveyed to Yancey S. Fulp in Book 777, Page 305, New Hanover County Registry.  Together with improvements located thereon; said property being located at 200 Georgia Avenue, Carolina Beach, North Carolina.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §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 expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or 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.

An order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  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.

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 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 their sole discretion, if they believe 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.

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

Case No: 1158883 (FC.FAY)

July 30 and August 6, 2015

14 SP 959

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jeffrey Ward Kelly a/k/a Jeffery Ward Kelly to Ticor Title Insurance Co, Trustee(s), which was dated August 25, 2003 and recorded on August 28, 2003 in Book 3982 at Page 306, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 9, Block D, Section 2, Devon Park Subdivision as shown upon a map of the same recorded in Map Book 5 at Page 57 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 3622 Stratford Boulevard, Wilmington, NC 28403.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are All Lawful Heirs of Jeffery Ward Kelly.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 14-21861-FC01

July 30 and August 6, 2015

15 SP 322

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Robert Michael Roth and Kimberly Lynn Gaskins Roth to Michael Lyon, Trustee(s), which was dated June 18, 2010 and recorded on July 6, 2010 in Book 5495 at Page 2485, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Land situated in the City of Wilmington in the County of New Hanover in the State of NC

All of Lot 12 in Danbury Forest Subdivision, Section 1, as the same is shown on a map recorded in Map Book 33 at Page 96 in the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 3348 Brucemont Drive, Wilmington, NC 28405.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Northchase Homeowners Association, Inc..

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-08496-FC01

July 30 and August 6, 2015

15 SP 361

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Jyll M. Gartin to Wells Fargo Financial National Bank, Trustee(s), which was dated April 28, 2005 and recorded on April 28, 2005 in Book 4780 at Page 874 and rerecorded/modified/corrected on February 12, 2007 in Book 5141, Page 773 and rerecorded/modified/corrected on April 15, 2015 in Book 5881, Page 1332, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

BEING ALL of Lot 227, Phase II, WRIGHTSVILLE SOUND VILLAGE as the same is shown on a map recorded in Map Book 8, Page 103 through 106, of the New Hanover County Registry, reference to which is hereby made for a more particular description.

SUBJECT TO AND TOGETHER WITH all rights, privileges, duties and obligations set forth in the Declaration of Condominium, Phase I, Wrightsville Sound Village, a Condominium, recorded in Book 1378 at Pages 1628 through 1669 of the New Hanover County Registry and in the Supplemental Declaration of Condominium, Phase II, Wrightsville Sound Village, a Condominium, recorded in Book 1390 at Pages 1166 through 1170 of said Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 1507 Military Cutoff Road, Apartment 227, Wilmington, NC 28403.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Jyll M. Gartin.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 13-09398-FC02

July 30 and August 6, 2015

15 SP 31

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Richard Anthony Pandolf, Jr. and Andrea Michelle Neal to Jeffrey P. Keeter, Trustee(s), which was dated October 7, 1998 and recorded on October 7, 1998 in Book 2447 at Page 0652, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

BEING all of Lot 178, Section 4, Gordon Woods, as shown on map of same recorded in Map Book 34, at Page 168 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 1007 Gordon Woods Road, Wilmington, NC 28411.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Richard Anthony Pandolf.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 12-02595-FC02

July 30 and August 6, 2015

15 SP 344

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Masud M. Hassan to PRLAP, Inc., Trustee(s), which was dated February 8, 2008 and recorded on February 11, 2008 in Book 5277 at Page 825, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 11, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Those certain premises comprising a portion of The Gardens, said Condominium having been established under Chapter 47-C of the North Carolina General Statutes (Unit Ownership Act) and the Amended and Restated Declaration of Condominium dated September 25, 2007, and recorded September 25, 2007, in Book 5234 at Page 2072 in the New Hanover County Registry, the Amendment to Amended and Restated Declaration of Condominium recorded in Book 5240 at Page 295, Supplemental Declaration of Condominium recorded in Book 5240 at Page 299 and the Second Supplemental Declaration of Condominium recorded in Book 5245 at Page 2306 of the New Hanover County Registry (the “Declaration”), the premises hereby conveyed being more particularly described as follows:

Unit 207 of The Gardens, Phase 3, as described in the Declaration and as shown on the Plan of Condominium (the “Plan”) which is recorded in Condominium Plat Book 17,

Page 165 in the New Hanover County Registry (the “Unit”);

Together with a 10.00 percent undivided interest appurtenant to each unit in all of the Common Area and Facilities of said condominium, including the building and improvements on the land described in the Declaration and as shown on the Plan; provided that in the event additional Units are added to the Condominium from time to time in accordance with the terms of the Declaration, the percentage undivided interest appurtenant to the Unit may change and shall be as shown in Exhibit E to the Declaration as amended.

Together with all the right of ingress to and egress from said property, and the right to use, for all purposes in common with the original grantor, its successors and assigns, and all other occupants from time to time, any and all portions of The Gardens Condominiums as Condominium designated by the Declaration of Condominium as “Common Areas and Facilities”.

The Unit herein conveyed is intended for use as Residential dwelling. This conveyance is subject to easements and rights of way of record, to ad valorem taxes for the current years, and to the reservations, restrictions on use and all covenants and obligations set forth in the Declaration, in the Articles of Incorporations of The Gardens Condominiums Homeowners Association, Inc., and the By-Laws of the said Association, all of which restrictions, payments of charges and all other covenants, agreements, obligations, conditions and provisions are incorporated in this deed by reference and constitute covenants running with the land, equitable servitudes and liens to the extent set forth in said documents and as provided by law, Grantee, his heirs, successors, administrators, executors and assignees, by accepting this Deed, hereby expressly assume and agree to be bound by and comply with all of the covenants, terms, provisions and conditions set forth in the Declaration and the said Articles of Incorporation, By-Laws and Rules and Regulations made there under, including, but not limited to, the obligations to make payment of assessments for the maintenance and operation of the Condominium which may be levied against such Unit.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 4413 Jay Bird Circle, Unit 207, Wilmington, NC 28412.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Masud M. Hassan.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-00485-FC03

July 30 and August 6, 2015

NOTICE OF FORECLOSURE

SALE OF REAL PROPERTY

File No. 15-SP-0215

New Hanover County, North Carolina

Under and by virtue of the Declaration recorded in Book 1741, Page 966, New Hanover County Register of Deeds, and the provisions of Chapter 47C of the North Carolina General Statutes, and because of the Respondents’ failure to pay assessments duly assessed by The Trust Building Unit Owners Association, Inc. (“Association”) as shown by the Claim of Lien for Assessments filed on March 18, 2015, File No. 15-M-249, in the Office of the New Hanover County Clerk of Superior Court, and pursuant to an Order Allowing Foreclosure of Claim of Lien for Assessments entered by the New Hanover County Clerk of Court on July 14, 2015, the undersigned Trustee will expose for public sale at auction, to the highest bidder for cash, at 11:00 a.m. on the 11th day of August 2015, at the Courthouse door, New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the following property (including any improvements thereon) located in New Hanover County, North Carolina:

BEING ALL of Units E, F, H and J of The Trust Building, No. 2 North Front Street Condominium, being more specifically described by reference to and shown upon that set of plans of The Trust Building, No. 2 North Front Street Condominium, recorded in Condominium Plat Book 10, beginning at Page 261, in the New Hanover County Registry, reference to which is hereby made for a more particular description.

Also commonly known as:

2E N. Front St., Wilmington, NC 28401 (Unit E The Trust Building, Floor # 4)

2F N. Front St., Wilmington, NC 28401 (Unit F The Trust Building, Floor # 5)

2H N. Front St., Wilmington, NC 28401 (Unit H The Trust Building, Floor # 7)

2J N. Front St., Wilmington, NC 28401 (Unit J The Trust Building, Floor # 9)

The record owners of the above-described real property as reflected by the records of the New Hanover County Register of Deeds ten (10) days prior to posting the Notice are John L. Bahr II and wife, Tanya E. Bahr.

The above-described property will be sold “AS IS, WHERE IS,” and is subject to any and all superior mortgages, deeds of trust, liens, judgments, unpaid taxes, easements, conditions, restrictions, and other matters of record, including, but not limited to, Deed of Trust recorded in Book 4837, Page 170, of the New Hanover County Register of Deeds.

The successful bidder will be required to deposit with the Trustee immediately upon the conclusion of the sale a cash deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater.  Any successful bidder shall be required to tender the full purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property.  If for any reason the Trustee does not tender a deed for the property, the successful bidder’s sole remedy shall be a return of the deposit.

To the extent this sale involves residential property with less than fifteen (15) units, you are hereby notified of the following:

(a) An order for possession of the property may be issued pursuant to § 45-21.29 of the North Carolina General Statutes 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; and

(b) 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 upon ten (10) days written notice to the landlord.  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.

THIS IS AN ATTEMPT TO COLLECT A DEBT.  THE UNDERSIGNED IS A DEBT COLLECTOR.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This is the 15th day of July 2015.

Charles D. Meier, Trustee

N. C. State Bar No. 13039

MARSHALL, WILLIAMS & GORHAM, L.L.P.

14 South Fifth Street

Post Office Drawer 2088

Wilmington, NC 28402-2088

Telephone:  (910) 763-9891

Facsimile:  (910) 343-8604

E-Mail:  cdm@mwglaw.com

July 30, 2015 and August 6, 2015

NOTICE OF FORECLOSURE

SALE OF REAL PROPERTY

File No. 15-SP-0288

New Hanover County, North Carolina

Under and by virtue of the Declaration recorded in Book 2007, Page 844, and Book 2054, Page 0217, New Hanover County Register of Deeds, and the provisions of Chapter 47C of the North Carolina General Statutes, and because of the Respondent’s failure to pay assessments duly assessed by Cape Cottages Homeowners’ Association, Inc. (“Association”) as shown by the Claim of Lien for Assessments filed on August 8, 2014, File No. 14-M-918, in the Office of the New Hanover County Clerk of Superior Court, and pursuant to an Order Allowing Foreclosure of Claim of Lien for Assessments entered by the New Hanover County Clerk of Court on June 11, 2015, the undersigned Trustee will expose for public sale at auction, to the highest bidder for cash, at 11:00 a.m. on the 11th day of August 2015, at the Courthouse door, New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the following property (including any improvements thereon) located in New Hanover County, North Carolina:

BEING a unit ownership in real property under and pursuant to Chapter 47C of the North Carolina General Statutes and being more particularly described as Section One, Phase III, Building Six, Unit A, Cape Cottages Condominiums, on a plat entitled “Cape Cottages Condominium, Section One, Phase III, Building Six,” recorded in Condominium Plat Book 11, at Pages 2-5, in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.

Also commonly known as 719 Melba Ct. Apt. A, Wilmington, NC 28405-3560.

The record owner of the above-described real property as reflected by the records of the New Hanover County Register of Deeds ten (10) days prior to posting the Notice is Michael J. Jesse.

The above-described property will be sold “AS IS, WHERE IS,” and is subject to any and all superior mortgages, deeds of trust, liens, judgments, unpaid taxes, easements, conditions, restrictions, and other matters of record, including, but not limited to, Deed of Trust recorded in Book 3999, Page 556, of the New Hanover County Register of Deeds.

The successful bidder will be required to deposit with the Trustee immediately upon the conclusion of the sale a cash deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater.  Any successful bidder shall be required to tender the full purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property.  If for any reason the Trustee does not tender a deed for the property, the successful bidder’s sole remedy shall be a return of the deposit.

To the extent this sale involves residential property with less than fifteen (15) units, you are hereby notified of the following:

(a )An order for possession of the property may be issued pursuant to § 45-21.29 of the North Carolina General Statutes 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; and

(b) 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 upon ten (10) days written notice to the landlord.  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.

THIS IS AN ATTEMPT TO COLLECT A DEBT.  THE UNDERSIGNED IS A DEBT COLLECTOR.  ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

This is the 14th day of July 2015.

Charles D. Meier, Trustee

N. C. State Bar No. 13039

MARSHALL, WILLIAMS & GORHAM, L.L.P.

14 South Fifth Street

Post Office Drawer 2088

Wilmington, NC 28402-2088

Telephone:  (910) 763-9891

Facsimile:  (910) 343-8604

E-Mail:  cdm@mwglaw.com

July 30 and August 6, 2015

STATE OF NORTH CAROLINA

IN THE GENERAL COURT OF JUSTICE

COUNTY OF NEW HANOVER

SUPERIOR COURT DIVISION

BEFORE THE CLERK

FILE NUMBER: 15 SP 404

IN THE MATTER OF THE FORECLOSURE

OF LAND COVERED BY THAT CERTAIN 

DEED OF TRUST GIVEN BY BRYSON E.

BURKHOLDER, JR. AND WIFE

KARI BURKHOLDER

TO ANTHONY A. SAFFO TRUSTEE for RANDY

S. SWARTZ AND SUBSEQUENTLY

JERRY A. MANNEN, JR., SUBSTITUTE TRUSTEE 

DATED: July 15, 2013

Recorded in Book 5754; Page 72 

Substitution of Trustee Recorded

in Book 5894; Page 2766

New Hanover County Registry

NOTICE OF TRUSTEE’S SALE

BY VIRTUE of authority contained in a certain Deed of Trust from Bryson E. Burkholder, Jr. and wife, Kari Burkholder to Anthony A. Saffo, Trustee, and subsequently to Jerry A. Mannen, Jr., Substitute Trustee, dated July 15, 2013 and recorded in Book 5754; Page 72 of the New Hanover County Registry, and by virtue of the Order of the Clerk of Superior Court of New Hanover County, North Carolina, pursuant to Chapter 45 of the General Statutes of North Carolina, default having been made in the payment of the indebtedness thereby secured and failure to do and perform the stipulations and agreements therein contained, I will on August 14, 2015 at 12:00 P.M. (Noon) at the Courthouse Door of the New Hanover County Courthouse, 316 Princess Street in Wilmington, North Carolina or the usual and customary location at the New Hanover County Courthouse in Wilmington, North Carolina offer for sale at public auction to the highest bidder for Cash, the following described lands:

BEING ALL OF LOT 20, IN BLOCK Y, OF ADDITION #2, WRIGHTSVILLE BEACH EXTENSION, ACCORDING TO A MAP THEREOF RECORDED IN MAP BOOK 2, AT PAGE 101 IN THE OFFICE OF THE NEW HANOVER COUNTY REGISTRY.

FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND UNPAID TAXES AND ALL PRIOR LIENS, ENCUMBRANCES OR EXCEPTIONS OF RECORD.

The above-described property contains the land and improvements together with all the appurtenances and fixtures thereunto, appertaining of Bryson E. Burkholder, Jr. and wife, Kari Burkholder.

To the best of the knowledge and belief of the undersigned the current owner(s) of

the property according to the New Hanover County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is/are Bryson E. Burkholder, Jr. and wife, Kari Burkholder. 

The terms of the sale are as follows:  A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Deed. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed.  This sale will be held open for ten (10) days for upset bids as required by law.

This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due.  There are no representations of 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 the property will be sold AAS IS@, AWHERE IS@.

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 such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.

NOTICE TO OCCUPANTS:

1.  That an Order for Possession of the property may be issued pursuant to 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 County in which the property is sold.

2.   Any tenant who resides in a residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding 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 upon 10 days= written notice to the landlord. Such termination shall be by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 10 days after the date of the notice of sale. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement.  The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.

This the 14th day of July, 2015.

Jerry A. Mannen, Jr. Substitute Trustee

North Carolina State Bar No. 17498

102 N. Fifth Avenue, Wilmington, NC 28401

Telephone:  (910) 762-2421

Facsimile: (910) 251-9247

Email: jmannen@yfmlaw.com

YOW, FOX & MANNEN, L.L.P.

ATTORNEYS AT LAW

August 6 and 13, 2015

13 SP 769

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Rich Welt to Jeffrey W. Porter, Trustee(s), which was dated June 26, 2003 and recorded on June 27, 2003 in Book 3861 at Page 278, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 18, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 30 of Lakemoor Subdivision, Section 2, as the same appears on a map thereof recorded in Map Book 35 at Page 305 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 2810 Miranda Court, Wilmington, NC 28405.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Real Estate Independence, LLC.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 13-10627-FC01

August 6 and 13, 2015

15 SP 358

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Wendy P. Ludwig and William J. Ludwig to Jeffery L. Tuttle, Trustee(s), which was dated September 23, 2005 and recorded on September 23, 2005 in Book 4909 at Page 416, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 18, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 89R, Saratoga Place, Section 1, Phase 1, as shown on a revised Map of same recorded in Map book 35, at Page 273, of the New Hanover County Registry, reference to which is hereby made for a more particular description

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 4813 Grouse Woods Drive, Wilmington, NC 28411.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Wendy P. Ludwig and husband William J. Ludwig.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-09620-FC01

August 6 and 13, 2015

15 SP 385

NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NEW HANOVER COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Allen Shawn Welker and Babs M. Welker to Eugene B. Davis, Jr., Trustee(s), which was dated September 14, 2006 and recorded on September 19, 2006 in Book 5081 at Page 576, New Hanover County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on August 18, 2015 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in New Hanover County, North Carolina, to wit:

Being all of Lot 9, Rockport, Section 1 as the same is shown on the map entitled “Rockport at West Bay Estates” as recorded in Map Book 34, Page 2 of the New Hanover County Registry, to which map reference is hereby made for a more particular description.

Subject to the declaration of Covenants, Conditions and Restrictions of Rockport as recorded in Book 1792 at Page 110 of the New Hanover County Registry, and any amendments thereto recorded in the New Hanover County Registry.

Together with the rights of ingress, egress and regress over all roads, streets and rights of way shown on the plat recorded in Map Book 34 at Page 2 of the New Hanover County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 7413 Ridgeview Place, Wilmington, NC 28411.

A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale.  Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.  THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations of 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.  This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record.  To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Allen Shawn Welker.

An Order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  The notice shall also state that 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.

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 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 their sole discretion, if they believe 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.

Trustee Services of Carolina, LLC

Substitute Trustee

Brock & Scott, PLLC

Attorneys for Trustee Services of Carolina, LLC

5431 Oleander Drive Suite 200

Wilmington, NC 28403

PHONE: (910) 392-4988

FAX: (910) 392-8587

File No.: 15-10488-FC01

August 6 and 13, 2015

NOTICE OF FORECLOSURE SALE

15 SP 77

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Eric James Howland & Joni Marion Seivers (PRESENT RECORD OWNER(S): Eric James Howland) to W.J. Kellam, Jr., Trustee(s), dated the 22nd day of February, 2008, and recorded in Book 5284, Page 683-697, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby 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 of New Hanover 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 the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on August 18, 2015 and will sell to the highest bidder for cash the following real estate situated  in the County of New Hanover, North Carolina, and being more particularly described as follows:

In New Hanover County; being all of Lot F-6 of Phase II of Linksider at the Cape, as the map recorded in Map Book 25 at Page 76 in the Office of the Register of Deeds of New Hanover County, NC to which said map reference is hereby made for a more particular description.

Together with improvements thereon, said property located at 612 Linksider Drive, Unit F6, Wilmington, North Carolina 28412 

Parcel ID: R08509-001-042-000.

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §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 expressly are disclaimed.  Also, this property is being sold subject to all taxes, special assessments, and prior liens or 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.

An order for possession of the property may be issued pursuant to 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 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 upon 10 days’ written notice to the landlord.  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.

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 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 their sole discretion, if they believe 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.

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

Case No: 1117742 (FC.FAY)

August 6 and 13, 2015

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