Foreclosure Notices

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NOTICE OF FORECLOSURE SALE

17 SP 478

NORTH CAROLINA

NEW HANOVER COUNTY

IN THE GENERAL COURT OF JUSTICE

BEFORE THE CLERK

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DAVID A. ESBER AND WIFE, ANGELA ESBER DATED August 17, 2007 AND RECORDED IN BOOK 5221, PAGE 646, NEW HANOVER COUNTY REGISTRY, TO BB&T COLLATERAL SERVICE CORPORATION, TRUSTEE.

Under and by virtue of the power of sale contained in that certain deed of trust executed by DAVID A. ESBER AND WIFE, ANGELA ESBER dated August 17, 2007 to BB&T COLLATERAL SERVICE CORPORATION, Trustee for BRANCH BANKING AND TRUST COMPANY, recorded in Book 5221, Page 646, NEW HANOVER County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of NEW HANOVER County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows:

All of Lot 50 of Channel Haven Subdivision as the same is shown on a map thereof recorded in Map Book 7 at Pages 59-60 of the New Hanover County Registry.

PROPERTY ADDRESS/LOCATION: 202 Marsh Hen Drive Wilmington NC 28409 DATE OF SALE: October 6, 2017 TIME OF SALE: 10:30 A.M. LOCATION OF SALE: NEW HANOVER County Courthouse RECORD OWNER(S): David A. Esber

TERMS OF THE SALE: (1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.

(2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property.

(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.

(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.

(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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.

(6) An order for possession of the property being sold may be issued pursuant to N.C.G.S. §4521.29 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.

(7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney, or the Substitute Trustee.

This the 22nd day of August, 2017.

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P.
Jeff D. Rogers, Substitute Trustee

P. O. Box 26268

Raleigh, NC 27611-6268

(919) 250-2000

Fax: (919)250-2211

September 28, October 5, 2017

 

NOTICE OF FORECLOSURE SALE

16 SP 825

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Randy L. Shackelford (PRESENT RECORD OWNER(S): Randy Lynn Shackelford) to Allan B. Polunsky, Trustee(s), dated the 21st day of October, 2008, and recorded in Book 5354, Page 1280, 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 October 3, 2017 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:

BEGINNING at a point in the southern line of Church Street, 158 feet eastwardly from its intersection with the eastern line of Fourth Street; running thence eastwardly along said line of Church Street 41 feet; thence southwardly parallel with Fourth Street 132 feet; thence westwardly parallel with Church Street 34 feet; thence northwardly parallel with Fourth Street 66 feet; thence westwardly parallel with Church Street 7 feet; thence northwardly parallel with Fourth Street 66 feet to the beginning; being a portion of Lots 1 and 2 of Block 90 of the City of Wilmington; and being a portion of the property devised to Bertha Pritchard Meier by the will of Francis LeMountte Meier, Sr. (71 E 326) and also being the same property described in Book 1355 at Page 855 of the New Hanover County Registry. Together with improvements located thereon; said property being located at 412 Church Street, Wilmington, 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 FortyFive 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.

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.

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 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 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

Case No: 1200201 (FC.FAY)
September 21 & 28, 2017

 

NOTICE OF FORECLOSURE SALE

17 SP 520

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Regina M. Connors to Jeffery L. Tuttle, Trustee(s), dated the 1st day of February, 2008, and recorded in Book 5276, Page 629, and Modification in Book 5904, Page 1366, 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 October 3, 2017 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 69, Section 7, Lords Creek Subdivision as shown on a map of same recorded in Map Book 38, Page 0290, New Hanover County Registry, reference to which is hereby made for a more particular description. Together with improvements located thereon; said property being located at 6622 Dorrington Drive, Wilmington, 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 FortyFive 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.

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.

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 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 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

Case No: 1219581 (FC.FAY)
September 21 & 28, 2017

 

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