Foreclosure Notices

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AMENDED NOTICE OF FORECLOSURE SALE

 

The property to be sold lies in 2 counties:

New Hanover County

Pender County

 

New Hanover County Special Proceeding File # 17-SP-648

Pender County Special Proceeding File # 17-SP-207

 

The undersigned Substitute Trustee (hereinafter the “Trustee”) will sell the following real estate located in New Hanover and Pender Counties at public auction at 12:00 o’clock Noon on January 31, 2018, at the Courthouse Door of the New Hanover County Courthouse (the Princess Street door of the Judicial Building at 4th and Princess Streets), Wilmington, North Carolina:

Real estate description:  See full description below

Record owner:  CHL, LLC, a North Carolina limited liability company.

The sale is pursuant to the power of sale contained in a deed of trust from CHL, LLC to Ryan D. Oxendine, Trustee, dated December 21, 2015, recorded on December 31, 2015 in Book 5940 Page 2252 of the New Hanover County Register of Deeds Office, also recorded on December 31, 2015 in Book 4612 Page 1904 of the Pender County Register of Deeds Office, and an order of the New Hanover County Clerk of Superior Court entered in this foreclosure proceeding on November 8, 2017, a certified copy of which has been filed in the Pender County special proceeding referenced above.

The property will be sold for cash to the highest bidder on the terms set forth herein and announced at the sale. A deposit of five percent (5%) of the successful bid, to be paid in cash, by certified check, or by official bank check will be required at the time of the sale; personal checks will not be accepted.   The successful bidder(s) shall be required to tender the amount bid, less any deposit, in cash or certified check when the upset-bid period expires and the Trustee tenders or attempts to tender a deed for the property.  If the owner and holder of the indebtedness secured by the deed of trust is the successful bidder, it shall be entitled to credit-bid as to the deposit and as to the balance of the purchase price.

If the highest bidder(s) fails to pay the balance of the bid amount when the Trustee tenders or attempts to tender the deed, the high bidder shall remain liable on his/her bid pursuant to North Carolina General Statutes §45-21.30(d) and (e).  The highest bidder will be required to pay the remainder of the bid price and close the sale immediately upon the expiration of the upset-bid period – paying for the property does not contemplate delaying the closing because the successful bidder “has to get a loan.”

If the property is purchased by anyone other than the holder of the Deed of Trust, the purchaser will be required to pay the following amounts in addition to the bid amount: (a) the court costs to be paid to and collected by the Clerk of Superior Court pursuant to North Carolina General Statute §7A-308(a)(1) in the amount of forty-five cents ($.45) per One Hundred Dollars ($100.00) of the highest bid, up to but no more than $500.00 in such costs; and (b) the revenue stamps (tax stamps) on the Trustee’s deed to the purchaser required by North Carolina General Statute §105-228.30 et. seq. of the of One Dollar ($1.00) per Five Hundred Dollars ($500.00) or fractional part thereof of the bid amount.

The property will be sold subject to any outstanding ad valorem property taxes against the property, any special assessments, and all liens and other interests having priority over the deed of trust being foreclosed on.

North Carolina law provides that the foreclosure cuts off interests and liens junior to (subordinate to) the deed of trust being foreclosed unless this notice provides otherwise.   This foreclosure sale will cut off subordinate liens and interests against the real estate except for:

 

a. If the Internal Revenue Service has a lien or liens against the property, the sale will be subject to the right of the Internal Revenue Service for 120 days following the sale to redeem the property at the highest amount bid at the foreclosure sale.

b. The map/plat of Scott’s Hill Village Phase 1 recorded in Map Book 61 page 317 of the New Hanover County Registry and a Map Book 59 page 41 of the Pender County Registry and all matters shown thereon.

c. The map/plat of Scott’s Hill village Phase 2 recorded in Map Book 62 pages 199 – 200 of the New Hanover County Registry and all matters shown thereon.

d. The Declaration of Covenants, Conditions and Restrictions of Scotts Hill Village recorded in Book 5985, at Page 347 of the New Hanover County Registry and Book 4624, at Page 72 of the Pender County Registry.

e. Amended and restated/Master Access Easement and Maintenance Agreement(s) recorded in Book 5991, page 20 of the New Hanover County Registry

f. Utility and communications Easement(s) to Duke Energy Progress, LLC recorded in Book 5946, page 2614 of the New Hanover County Registry

g. Utility and communications easement in favor of Bellsouth Telecommunications, LLC recorded in Book 5952, page 700 of the New Hanover County Registry

h. Utility and communications easement in favor of Bellsouth Telecommunications, LLC in Book 5958, page 1598 of the New Hanover County Registry

i. Utility easement in favor of Cape Fear Public Utility Authority recorded in Book 5977, page 2750 of the New Hanover County Registry

j. Utility easement in favor of Cape fear Public Utility Authority recorded in Book 6066, Page 195, New Hanover County Registry

k. Stormwater Drainage and Maintenance Agreement recorded in Book 6030, page 1350 of the New Hanover County Registry

l. Amended Reimbursement Agreement recorded in Book 5991, page 84 of the New Hanover County Registry

m. New Infrastructure Agreement(s) recorded in Book 5940, page 2209; and Book 4612, Page 1868 of the New Hanover County Registry

 

As to the physical condition of the property, the property is being sold “AS IS – WHERE IS”, with no representations or warranties of any kind by the trustee, the lender, the noteholder, or any agents, attorneys, officers of those persons and entities as to the title or any physical, health, safety, or environmental, conditions existing in, on, at, or relating to the property; and any and all alleged representations, warranties, statements, responsibilities and liabilities are expressly disclaimed.

The sale will remain open for a period of ten (10) days following the sale, during which time anyone may file an upset bid (i.e. an increased/higher bid) with the appropriate Clerk of Superior Court as provided in General Statute 45-21.27.  After the deadline has passed for upset bids, the trustee will tender a deed to the successful purchaser immediately, collect the balance of the purchase price, and close the sale at that time.  The buyer shall be responsible for the revenue stamps (the transfer tax) required by, and to be purchased from, the register of deeds when the deed is recorded.

If anyone is in possession of the property after the sale has been completed, the Clerk of Superior Court may issue an order for possession of the property in favor of the purchaser pursuant to General Statute 45-21.29 and against anyone in possession of the property.  If an order of possession is needed, it will be the purchaser’s responsibility to obtain the order.

If this is residential property, anyone renting 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 by providing written notice 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 the notice of sale, unless the mortgagor has cured the default before the tenant provides the notice of termination.  Upon termination of a rental agreement, the tenant is liable for rent due under the agreement prorated to the effective date of the termination.

If the Trustee is unable to convey title to the property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons for the Trustee’s inability to convey the property and complete the foreclosure include, but are not limited to, the filing of a bankruptcy petition prior to expiration of the upset bid period, some other court order enjoining completion of the sale, or the borrower’s payment and/or reinstatement of the loan without the knowledge of the Trustee.  If the validity of the sale is challenged by any party, the Trustee may in his sole discretion declare the sale to be void and return the deposit if the Trustee believes the challenge to the sale may have merit.  In such case, the purchaser will have no further remedy other than receipt/return of the bid deposit.

This sale will remain open for a period of ten (10) days following the sale, during which time anyone may file an upset bid (i.e. an increased/higher bid) with the Clerk of Superior Court.

DESCRIPTION OF THE REAL STATE

 I. Parcel 1: (Located in New Hanover County, North Carolina):

All of Tract 1, containing 85.81 acres, more or less, as shown on that certain map recorded in Map Book 49, Page 222 of the New Hanover County Registry, reference to which is hereby made for a more particular description.

Together with a 60-foot access easement more particularly described as “60’ access No. 1” as shown on the above-referenced map for the purpose of ingress, egress and regress from U.S. Highway No. 17 to the above-described tract of land.

Subject to a 50-foot private access easement described as Newton Road, over, upon and through the above-described tract of land as same is shown on said map, and in that certain deed of easement recorded in Book 4505, at Page 262 of the New Hanover County Registry.

Further subject to a 50-foot private access easement running along the perimeter of the northern, eastern and southern boundary line of the above-referenced tract of land and as more particularly shown on said map and in the map recorded in Map Book 36 at Page 204 of the New Hanover County Registry.

Further subject to a 50-foot public utility easement contained within that certain 50-foot private easement, running along the southern boundary of Tract 1 and both of which are shown on the aforesaid map.

Reserving unto the grantor herein, a 60-foot access easement more particularly described as “60’ access No. 2” as shown on the aforesaid map for the purpose of ingress, egress and regress over, upon and through Tract 1.

Part of this Tract 1 (this Parcel 1 in this Notice of Sale) has been subdivided since the recordation of the deed of trust being foreclosed on:  A part of the original tract is now part of “Scotts Hill Village – Phase One” as shown on a plat of said subdivision recorded in Map Book 59 Page 41 of the Pender County Registry and Map Book 61 Page 317 of the New Hanover County Registry.  Another part of the original tract is now “Scotts Hill Village – Phase Two” as shown on a plat of said subdivision recorded in Map Book 62 Pages 199-200 of the New Hanover County Registry.

Lots 31, 32, 33, 34, 35 & 36 of Scotts Hill Village Phase Two Subdivision,  as shown on Map Book 62, Pages 199 & 200 of the New Hanover County Registry, have previously been released from the deed of trust and are not a part of this foreclosure sale.

II. Parcel 2: (Located in Pender and New Hanover Counties):

All of Tract 3A, as the same is shown and described in that certain map recorded in Map Book 49, at Page 351, of the New Hanover County Registry, also recorded in Map Book 42, at Page 009, of the Pender County Registry, to which reference is hereby made for a more particular and accurate description.  The herein described property consists of approximately 3.93 acres, of which 2.46 +/- acres life in New Hanover County and 1.47 acres lie in Pender County.

Tract 3A (Parcel 2 in this Notice of Sale) has been subdivided since the recordation of the deed of trust being foreclosed on,  and is now a part of “Scotts Hill Village – Phase One” as shown on a plat of said subdivision recorded in Map Book 59 Page 41 of the Pender County Registry and Map Book 61 Page 317 of the New Hanover County Registry.

Lots 2 of Scotts Hill Village Phase One Subdivision, as shown on Map Book 59, Page 41 of the Pender County Registry, has previously been released from the deed of trust and is not a part of this foreclosure sale.

Lots 7, 8, 9, 10, 11, 13, 14, 15, and 226 of Scotts Hill Village Phase One Subdivision, as shown on Map Book 61, Page 317 of the New Hanover County Registry, have previously been released from the deed of trust and are not a part of this foreclosure sale.

III. As to All Lots or Parcels Sold

 

Each lot or parcel sold includes  and will include all buildings and other improvements located on that lot or parcel, and all fixtures, systems, easements, appurtenances, and hereditaments related to the real estate.

 IV. Sale May Be In Separate Lots, Tracts, or Combinations

 

The property may be offered for sale (i) in separate lots, parcels or tracts, and in various combinations thereof, (ii) all offered for one price, or (iii) first one way, then another, all as the Trustee may deem appropriate.

Date: January 9, 2018.

Kenneth Stephens, II, Trustee

701 Princess Street

Wilmington, NC  28401

(910) 343-1022

January 18, 25, 2018

 

NOTICE OF FORECLOSURE SALE
17 SP 436

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Peyton A. Heitman and  Henry Thomas Heitman to William R. Echols, Trustee(s), dated the 27th day of September, 2004, and recorded in Book 4513, Page 432, and Modification in Book RB 6033, Page 1141, 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 January 30, 2018 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:

Property known in Cape Fear Township, New Hanover County, North Carolina, which is part of Lots 2 and 3 as shown on map survey of Lands for I.J. Stevens recorded in Map Book 5, Page 8 in the New Hanover County Registry, more particularly described as follows:

Beginning at an iron pipe on the northern right of way of Gordon Road (60 ft. public right of way), said iron being the southwestern corner of the aforesaid Lot 2, said iron also being located N 74-22047 E 829.50 feet from the intersection of centerlines of Gordon Road and Castle Hayne Road.  Together with improvements located thereon; said property being located at 127 Gordon Road, Wilmington, North Carolina.

Proceed from said point of beginning and with the western line of Lot 2 N 02-22-00 E 198.34 feet to the northwestern corner of Lot 2, thence with the northern line of Lot 2 N 77-50-44 E 57.26 feet to a point, thence a new line S 08-40-23 E 193.00 feet to a point in the northern right of way of Gordon Road, thence with said right of way of Gordon Road S 78-13-42 W 95.27 feet to the point of beginning and containing 0.337 acre according to a survey by Hanover Design Services, P.A. in April of 1995.
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.

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: 1216162 (FC.FAY)

January 18, 25, 2018

 

AMENDED NOTICE OF FORECLOSURE SALE
15 SP 564

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Alford L. Middleton and wife, Vanness B. Middleton to Kirk Smith, Trustee(s), dated the 15th day of August, 2002, and recorded in Book 3398, Page 773, 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 January 30, 2018 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 an iron pipe in the western line of a 40 foot road (John Henry Drive formerly Lobos Lane), said pipe being a common corner between Tracts 5 and 6 of the J. F. McDonald land as shown on a map prepared by E. J. W. Anders, C. E. and recorded in Deed Book 285 at Page 304-1/2 of the New Hanover County Registry, running thence from said beginning with the dividing lines between Tracts 5 and 6 North 84 degrees 22 minutes West 265.97 feet to a point, thence parallel with the aforementioned 40 foot road (John Henry Drive formerly Lobos Lane) North 12 degrees 45 minutes East 156.50 feet to a point, thence parallel with the dividing line between said Tracts 5 and 6 South 84 degrees 21 minutes 58 seconds East 265.97 feet to a large old iron pipe in the western line of the aforementioned 40 foot road (John Henry Drive formerly Lobos Lane), thence with said western line South 12 degrees 45 minutes West 156.50 feet to the point of beginning, being the same property conveyed by Walter Brown and wife, Rosa B. Brown to Alford L. Middleton and wife, Vaness Brown by deed recorded in Book 1819, Page 92 and Deed Book 1828, Page 7, New Hanover County Registry containing 20,247.4 square feet of area, being a portion of Tract 6 of the aforementioned Division of the J. H. McDonald land and also being a .48 acre portion of that certain tract of land conveyed to Rosa B. Brown by deed dated August 23, 1948 and recorded in Book 418 at Page 459 of the New Hanover County Registry and being conveyed to Vanness Brown Middleton, Estate File 97E835, New Hanover County, together with and subject to a right of way 15 feet in width from the 40 foot road (John Henry Drive formerly Lobos Lane) to the western line of the lot herein conveyed, said right of way being more fully described as follows:  beginning at an iron pipe, the dividing corner between Tracts 5 and 6 of the division of the J. H. McDonald land and in the western line of the 40 foot road (John Henry Drive formerly Lobos Lane) as shown on the map of said division running thence along the dividing line between said Tracts 5 and 6 North 84 degrees 22 minutes West 265.97 feet to a point, thence North 12 degrees 45 minutes East 15.1 feet to a point, thence South 84 degrees 22 minutes East 265.97 feet to a point in western line of the aforementioned 40 foot road (John Henry Drive formerly Lobos Lane), thence with said western line South 12 degrees 45 minutes West 15.1 feet to the point of Beginning, the same being a portion of that certain tract of land conveyed to Rosa B. Brown and also being known as Levis Lane.  Together with improvements located thereon; said property being located at 5716 Carolina Beach Road, Wilmington, North Carolina.

The same containing 1 acre more of less and being the same property sometimes known as 5716 Carolina Beach Road, 5684 Lobos Lane, and 5612 John Henry Drive and 5616 John Henry Drive, Wilmington, NC 28412.

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.

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: 1188241 (FC.FAY)

January 18, 25, 2018

 

AMENDED 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 January 30, 2018 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 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.

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)

January 18, 25, 2018

 

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