16 SP 286 Notice of Sale of Real Estate by Substitute Trustee State of North Carolina Nash County in the General Court of Justice Superior Court Division Before The Clerk in the matter of the foreclosure of the Deed of Trust of Randall K. Murray to Thurman E. Burnette, Trustee for United States Department of Agriculture, dated September 1, 2000 and recorded at Book 1738, Page 783, Nash County Registry See Substitution of Trustee as recorded in Book 2851, Page 101, appointing Richard J. Kania as Substitute Trustee TO: Randall Keith Murray, a/k/a Randall K. Murray Occupant Under and by virtue of the power and authority contained in that certain deed of trust executed and delivered by the above-named Grantors to United States Department of Agriculture, dated September 1, 2000, securing indebtedness in the original principal amount of $65,000.00 as recorded in Deed of Trust Book 1738 at Page 783, Nash County Registry (hereinafter, the ''Deed of Trust''), and because of the default of Debtor in the payment of the indebtedness thereby secured and the failure of Debtor to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by the Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Nash County, North Carolina, entered in this foreclosure proceeding, the undersigned, Richard J. Kania, Substitute Trustee, will expose for sale at public auction on May 19, 2017 at 10:00 AM at the Nash County Courthouse at the usual place of sale designated by the Nash County Clerk, Nashville, the real property in Ferrells Township, Nash County, North Carolina (including any improvements thereon) with the address of 9183 Valley Road, Middlesex, NC 27577, and as described as follows: BEGINNING at an existing PK nail in the center of the intersection of SR 1158 and SR 1157 as shown on map or plat hereinafter referred to (which PK nail is also marked by an iron stake offset South 07° 45' West 50 feet near the southern edge of the right of way of SR 1158), thence along the center of SR 1158 the following courses and distances. South 41° 56' East 97.27 feet to an existing PK nail found in the center of said road, thence South 47° 27' East 86.89 feet to an existing PK nail found in the center of said road; thence South 53° 20' East 12.02 feet to a new PK nail in the center of said road, a new corner with Kinnon Murray's property, which PK nail is also designated by an iron stake offset South 07° 24' West 40 feet near the southern edge of the right of way of said road, thence with the line of Murray's property to and through the aforesaid iron stake South 07° 24' West 344.74 feet to an iron stake, a new corner with Kinnon Murray's property in the line of George W Lambert's property; thence with the line of Lambert's property North 82° 22' West 153.71 feet to an iron stake found, a control corner in the center of a path, corner of Lambert's property in the line of the Draper Family Partnership property, thence with the line of the Draper Family Partnership property North 06° 29' East 201.93 feet; thence North 07° 45' E 261.49 feet to the point of BEGINNING, containing 1.43 acres according to survey and plat of Chamblee & Strickland, Land Surveying, dated July 17, 2000, entitled "Recombination Plat of Property of Kinnon Bruce Murray", a copy of which plat is recorded in Plat Book 28 at Page 167, Nash Registry Being a part of that certain tract or parcel of land conveyed to Charlie Murray and wife, Clora Mae J Murray from John C. Finch and wife, Miriam P Finch by deed recorded in Book 1295, Page 533. Also being a part of the tract of land conveyed to Charlie Murray and Wife by deed recorded in Book 925, at page 264. See also deed from Charlie Murray and wife to Kinnon Murray recorded in Book 1714, at page 627. The Substitute Trustee may, in his sole discretion, delay the sale for up to one hour as provided by N.C.G.S. §45-21.23. The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner of the above-described real property as reflected on the records of the County Register of Deeds not more than ten (10) days prior to the posting of this Notice is: Randall Keith Murray 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 County Clerk of Superior Court. Pursuant to N.C.G.S. §45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Trustee immediately upon conclusion of the sale a cash deposit of the greater of five per cent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance 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, and should said successful bidder fail to pay the full balance purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30(d) and (e). Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1). This sale will be held open ten (10) days for upset bids as required by law. If the Substitute 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 by an owner or debtor prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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. Any person who occupies the property pursuant to a bona fide lease or tenacy may have additional rights pursuant to Title VII of 5.896, ''Protecting Tenants at Foreclosure Act'' which became effective on May 20, 2009. Additional Notice Where the Real Property Is Residential with less than 15 Rental Units: 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 no 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. This the 11th day of April, 2017. Richard J. Kania Substitute Trustee 600-A Centrepark Drive Asheville, North Carolina 28805 (828) 252-8010

Publication Dates: May 4, 2017, May 11, 2017

17 SP 58