640 Foreclosures

16 SP 78
NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NASH COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James H. Brinkley to Michael Lyon, Trustee(s), which was dated November 27, 2012 and recorded on December 5, 2012 in Book 2646 at Page 673, Nash County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on September 28, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

Land Situated in the County of Nash in the State of NC

BEING Lot No. 16 of "Wilder Estates" as shown on that certain Map by Ragsdale Engineers entitled Wilder Estates, Nash County, N.C., dated April 4, 1972, and recorded in Map Book 10, Page 114 of the Nash County Registry and more particularly described as follows:

BEGINNING at a point in the Western property line of a newly opened street as shown on the map hereinabove referred to, a common corner for Lots 15 and 16; thence continuing along and with the dividing line between Lots 15 and 16 North 88 degrees 56 minutes West 135.30 feet to a point in the Dwight Brantley line, cornering; thence continuing South 12 degrees 40 minutes East 70 feet to a cont. iron; thence continuing South 7 degrees 40 minutes East 110.93 feet to an iron stake, cornering; thence continuing South 88 degrees 14 minutes East 60.18 feet to a point, cornering; thence continuing along and with the dividing line between Lots 16 and 17 North 28 degrees 23 minutes West 149.71 feet to a point in the cul de sac of the new openly street as shown on that certain map hereinabove referred to; thence continuing in a Northerly direction with the blend of the curve of said cul de sac with a radius of 50 feet a chord distance of 52.01 feet to the point and place of beginning.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 312 Wilders Drive, Spring Hope, NC 27882.

A cash deposit (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. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are All Lawful Heirs of James H. Brinkley.

An Order for possession of the property may be issued pursuant to 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 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 [NCGS § 45-21.16A(b)(2)]. 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.

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.
 
Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 15-18332-FC01

Publication Dates: September 15, 2016, September 22, 2016



14 SP 373
AMENDED
NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NASH COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Ajohna C. Hairston and Darrell Hairston to Transcontinental Title, Trustee(s), which was dated May 22, 2003 and recorded on July 14, 2003 in Book 1977 at Page 697, Nash County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on October 5, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

The following described real estate in or near the City of Rocky Mount, Nash County, North Carolina, known as 1504 Greys Mill Road, Rocky Mount, Nash County, North Carolina, and being all of Lot 2, Block A, Section 1 of Carriage Run Subdivision, as shown upon a plat recorded in Map Book 26, Page 10, Nash County Registry.

Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1504 Greys Mill Road, Rocky Mount, NC 27804.

A cash deposit (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. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Ajohna C Hairston.

An Order for possession of the property may be issued pursuant to 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 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 [NCGS § 45-21.16A(b)(2)].  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.

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.

Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 14-24942-FC02

Publication Dates: September 22, 2016, September 29, 2916



NOTICE OF FORECLOSURE SALE
16 SP 204

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kimberly H. Wall and Darrin Wall (PRESENT RECORD OWNER(S): Kimberly H. Wall) to Trustee Services of Carolina, LLC, Trustee(s), dated the 19th day of December, 2006, and recorded in Book 2289, Page 850, and Modification in Book 2731, Page 802, in Nash 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 Nash 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 Nashville, Nash County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on October 5, 2016 and will sell to the highest bidder for cash the following real estate situated in the County of Nash, North Carolina, and being more particularly described as follows:
Being Lot No. 5, containing 0.71 A., more or less, as shown on plat or survey entitled "Final Major, Womble Farms, Phase I dated June 20, 2005 by Civil Tek East. Said plat, recorded in Plat Book 33, Page 20, is by reference incorporated herein as a part of this description. Reference is hereby made to deed recorded in Book 2139, Page 66, Nash County Registry. Together with improvements located thereon; said property being located at 303 West Beulah Road, Nashville, 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: 1184957 (FC.FAY)

Publication Dates: September 22, 2016, September 29, 2016



NOTICE OF FORECLOSURE SALE
14 SP 26

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Felix M. Batts, unmarried to Aaron Anderson Brock & Scott, Trustee(s), dated the 28th day of February, 2007, and recorded in Book 2298, Page 832, in Nash 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 Nash 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 Nashville, Nash County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on September 28, 2016 and will sell to the highest bidder for cash the following real estate situated in the County of Nash, North Carolina, and being more particularly described as follows:
BEING all of Lot No. 25, Section II, Ford's Colony at Rocky Mount, as shown on that map recorded in Map Book 32, Pages 270-274, Nash County Registry, and revised in Map Book 32, Pages 322-326, Nash County Registry and further revised in Map Book 32, Pages 382-386, Nash County Registry. Together with improvements located thereon; said property being located at 133 Lady Bank, Rocky Mount, 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
201 S. McPherson Church Rd.
Suite 232
Fayetteville, NC 28303

Publication Dates; September 15, 2016, September 22, 2016



IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
16 SP 46

NOTICE OF LIEN HOLDER'S
SALE OF REAL PROPERTY

In the Matter of Foreclosure of a certain Claim of Lien claimed against Ercell Sharp dated May 22, 2015, and Recorded in the Office of the Clerk of Superior Court of NASH County, North Carolina as 15M124,

Hope Derby Carmichael, Trustee,

Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Belmont Lake Preserve Homeowners Association, Inc. recorded in the Office of Register Deeds of NASH County, North Carolina at Deed Book 2178, Page 641, and as supplemented and amended, and because of default in the failure of Ercell Sharp to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 642 Chimney Hill Way , Rocky Mount, NC 27804 and pursuant to the Order of Clerk of Superior Court of NASH County, North Carolina entered in the above-captioned foreclosure proceeding, the Trustee will expose for sale at public auction on September 27, 2016 at 10:00 a.m. at the usual place of sale at the NASH County Courthouse, that certain real property (including any improvements thereon) located at 642 Chimney Hill Way , Rocky Mount, NC 27804, NASH County, North Carolina, and more particularly described as all of Lot 20, Block A, Section 1, Ford's Colony at Rocky Mount Subdivision, all as shown on a plate recorded in Map Book 32 Pages 267-269, revised in Map Book 32 Pages 379-381, NASH County Registry.

The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the NASH County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Ercell Sharp. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Trustee for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by 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 of the purchase price so bid at that time, he shall remain liable on his bid as provided by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.

This 30th day of August, 2016.

JORDAN PRICE WALL GRAY
JONES & CARLTON
By: J. Matthew Waters
Attorney for Trustee
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501

Publication Dates: September 15, 2016, September 22, 2016



16 SP 186
NOTICE OF FORECLOSURE SALE

NORTH CAROLINA, NASH COUNTY

Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Joyce H. Privette and Rickie Daniel Privette to Allan B . Polunsky, Trustee(s), which was dated August 18, 2015 and recorded on August 24, 2015 in Book 2789 at Page 927, Nash County Registry, North Carolina.

Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on October 5, 2016 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

BEGINNING at a point in the center of Highway No. 43, a new corner for the grantors and grantees herein; thence along said center of said highway No. 43 S. 49 deg 18 min E. 137.1 feet to a corner with D. W. Melton in said highway; thence along said Melton's line, N. 27 deg 30 min E. 325.5 feet to a stake, said Melton's corner; thence N. 49 deg 18 min W. 137.1 feel to a stake, corner with J. L. Morris and wife, Arlene Vick Morris in said D. W. Melton's line; thence along a new line between the said grantors and grantees herein, S. 27 deg 30 min W. 325.5 feet to the BEGINNING, containing one (1) acre and being the southern half of that tract deeded to J. L. Morris and wife, Arlene Vick Morris, by D. W. Melton, dated June 20, 1946 and recorded in Book 506, Page 350, Nash County Registry, and being the identical property described in Book 515, Page 273, Nash County Registry, and further being the identical property described in Book 2536, Page 938, Nash County Registry.

Save and except any releases, deeds of release or prior conveyances of record.

Said property is commonly known as 4655 Dortches Boulevard, Rocky Mount, NC 27804.

A cash deposit (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. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED.

Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS WHERE IS.”  There are no representations 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. This sale is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Joyce H. Privette.

An Order for possession of the property may be issued pursuant to 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 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 [NCGS § 45-21.16A(b)(2)]. 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.

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.

Trustee Services of Carolina, LLC
Substitute Trustee
Brock & Scott, PLLC
Attorneys for Trustee Services of Carolina, LLC
5431 Oleander Drive Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 16-11734-FC01

Publication Dates: September 22, 2016, September 29, 2016