NOTICE OF FORECLOSURE SALE
17 SP 478
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
September 28, October 5, 2017