SECOND AMENDED NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made RICHARD L. JONES AND JANET L. JONES to PHILIP E. GREER, Trustee(s), dated the 17TH day of AUGUST, 2009 and recorded in BOOK 5432, PAGE 2765, 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, ANDERSON & STRICKLAND, P.A., 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 at 10:00 A.M. ON JUNE 14, 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: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN NEW HANOVER COUNTY, NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERN LINE OF CHESTNUT STREET, SAID POINT BEING 64 ½ FEET WESTWARDLY FROM THE INTERSECTION OF THE SOUTHERN LINE OF CHESTNUT STREET AND THE WESTERN LINE OF SEVENTEENTH STREET, AND RUNNING THENCE FROM SAID BEGINNING POINT SOUTHWARDLY AND PARALLEL WITH THE WESTERN LINE OF SEVENTEENTH STREET 105 FEET TO A POINT; THENCE NORTHWARDLY AND PARALLEL WITH THE WESTERN LINE OF SEVENTEENTH STREET 105 FEET TO A POINT IN THE SOUTHERN LINE OF CHESTNUT STREET, THENCE EASTWARDLY WITH THE SOUTHERN LINE OF CHESTNUT STREET 67 ½ FEET TO THE POINT OF BEGINNING AND BEING PART OF LOTS 1 AND 2 IN BLOCK 481, ACCORDING TO THE OFFICIAL PLAN OF THE CITY OF WILMINGTON, AND WITHOUT WARRANTY: ALSO A RIGHT OF INGRESS AND EGRESS OVER AND UPON AND TO THE HEREINAFTER DESCRIBED TRACT OR PARCEL OF LAND TO THE PUBLIC ALLEY WHICH RUNS THROUGH BLOCK 481. BEGINNING AT A POINT IN THE SOUTHERN LINE OF THE TRACT FIRST ABOVE DESCRIBED, SAID POINT BEING 24 FEET EASTWARDLY FROM THE SOUTHWESTERN CORNER THEREOF, AND RUNNING THENCE FROM SAID BEGINNING POINT EASTWARDLY WITH THE SAID SOUTHERN LINE 15 FEET TO A POINT THENCE SOUTHWARDLY AND PARALLEL WITH THE WESTERN LINE OF SEVENTEENTH STREET; 50 FEET TO THE LINE OF A PUBLIC ALLEY, THENCE WESTWARDLY WITH THE LINE OF THE ALLEY 15 FEET TO A POINT, THENCE NORTHWARDLY AND PARALLEL WITH SEVENTEENTH STREET 50 FEET TO THE POINT OF BEGINNING. TAX ID: R04818-010-012-000. NOTATION: The above described property currently has a property address of 1612 Chestnut Street, Wilmington, NC 28401, is the same property currently represented by New Hanover County Tax ID # R04818-010-012-000, and is the same property as is described in Book 1630, Page 1225, New Hanover County Registry as follows: BEGINNING at a point in the southern line of Chestnut Street, said point being 64 ½ feet westwardly from the intersection of the southern line of Chestnut Street and the western line of Seventeenth Street, and running thence from said beginning point southwardly and parallel with the western line of Seventeenth Street 105 feet to a point; thence westwardly and parallel with the southern line of Chestnut Street 67 ½ feet to a point; thence northwardly and parallel with the western line of Seventeenth Street 105 feet to a point in the southern line of Chestnut Street; thence eastwardly with the southern line of Chestnut Street 67 ½ feet to the point of beginning and being part of Lots 1 and 2 in Block 481, according to the official plan of the City of Wilmington. And without warranty: Also a right of ingress and egress over and upon and to the hereinafter described tract or parcel of land to the public alley which runs through Block 481.
BEGINNING at a point in the southern line of the tract first above described, said point being 24 feet eastwardly from the southwestern corner thereof, and running thence from said beginning point eastwardly with the said southern line 15 feet to a point; thence southwardly and parallel with the western line of Seventeenth Street 50 feet to the line of a public alley; thence westwardly with the line of the alley 15 feet to a point; thence northwardly and parallel with the Seventeenth Street 50 feet to the point of Beginning.
Said property being located at: 1612 Chestnut Street, Wilmington, NC 28401-3836. Present Record Owner Being: Richard L. Jones and Janet L. Jones. This property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. 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 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 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 any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Third party purchasers must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308 (a) (1), and any applicable county and/or state land transfer tax and/or revenue tax. A cash deposit or cashier’s check (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. Make checks payable to: Goddard & Peterson, Attorneys for Anderson & Strickland, PA. The sale will be held open for ten days for upset bids as required by law. The successful bidder at the end of the upset period shall tender the balance of their bid at the time the Substitute Trustee tenders or attempts to tender a deed for the property; if they default on their bid, they shall remain liable as provided for in N.C.G.S. 45-21.30(d) and (e). If the Substitute Trustee is unable to convey title to the property for any reason, the sole remedy of the purchaser is the return of the deposit paid. An Order for possession of the property may be issued 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 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 the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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. N.C.G.S. 45-21.16(b)(2).
This the 11TH day of May, 2018
Anderson & Strickland, P.A., Substitute Trustee
Michael J. Geiseman,
Attorney at Law
Goddard & Peterson, PLLC
Attorneys For Anderson & Strickland, P.A.,
3803-B Computer Drive,
Raleigh, NC 27609
May 31, June 7, 2018