640 Foreclosures

STATE OF NORTH CAROLINA
COUNTY OF NASH

IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
14 SP 254

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM REGINA GRIFFIN TO V. BARRY WILSON, TRUSTEE, DATED JANUARY 13, 2006, RECORDED IN BOOK 2202, PAGE 816, NASH COUNTY REGISTRY

NOTICE OF FORECLOSURE SALE

Under an order entered in the Superior Court of Nash County dated September 30, 2014, and under the power of sale contained in that certain Deed of Trust from Regina Griffin to V. Barry Wilson, Trustee, dated January 13, 2006, recorded in Book 2202, Page 816, Nash County Registry, and Matthew P. Sperati having been substituted as Trustee by instrument recorded in Book 2739, Page 718, Nash County Registry, default having been made in the payment of the indebtedness thereby secured and the holder thereof having demanded foreclosure, the undersigned Substitute Trustee will offer for sale at public auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN
NASHVILLE, NORTH CAROLINA
ON OCTOBER 30, 2014
AT 2:00 O'CLOCK P.M.

the following described real estate and the improvements thereon:

SEE ATTACHED EXHIBIT A

In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.

A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by nonwarranty deed.

This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, filed subsequent to the recordation of the above-named deed of trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.

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 representatives 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.

The purchaser of the property described above shall pay the Clerk’s Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 71-308(a)(1) of the North Carolina General Statutes, and shall pay the land transfer tax or revenue stamps as required by law.

To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:

a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statues in favor of the purchase and against the party or parties in possession by the Clerk of Superior Court of the county in which the property is sold; and

b. 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 upon 10 days’ written notice to the landlord. 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 30th day of September, 2014.

Matthew P. Sperati, Substitute Trustee
P. O. Box 4307
Rocky Mount, NC 27803-4307
(252) 977-1050

Exhibit A

KNOWN AS 120 Franklin Street, Suite C, Rocky Mount, Nash County, North Carolina, and being Unit C, Franklin Square Office Condominium as the same is established and identified in the Declaration, By-Laws and Maps of record in the Office of the Register of Deeds of Nash County, North Carolina in Book 1168, Page 848, Book 1168, Page 892, and Map Book 12, Pages 45 through 49; as amended by Amendment to the Declaration and Maps recorded in Book 1186, Page 108, and Map Book 12, Pages 50 through 58: together with a 6.58% undivided interest in the Common Area, said Unit and Common Areas being upon land situate, lying and being in Rocky Mount Inside Township, Nash County, North Carolina, and more particularly described on Exhibit A, recorded in Book 1192, Page 177, Nash County Registry, which by reference hereto is incorporated as if fully set forth.

There is also conveyed hereby two (2) non-exclusive easements for ingress, egress and regress twenty two (22) feet in width, the same being appurtenant and to run with the land hereinabove described, said easements being more fully described in Deed Book 1192, Page 177 of the Nash County Registry.

Parcel ID: 038368
Tax ID: 385019505643C

Publication Dates: October 22, 2014, October 29, 2014



IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
14SP271

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY BERRY R. ROVER AND ANTONIA K. ROVER DATED AUGUST 14, 2009 AND RECORDED IN BOOK 2474 AT PAGE 592 IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:30PM on October 30, 2014 the following described real estate and any other improvements which may be situated thereon, in Nash County, North Carolina, and being more particularly described as follows:

Being all of Lot 8, Block B, Section 2, of Weathervane Hill Subdivision as shown in Plat Book 27, Page 201, Nash County Registry.

And Being more commonly known as: 613 Weathervane Way, Rocky Mount, NC 27803

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Antonia K. Rover.

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 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: 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.

The date of this Notice is October 10, 2014.

Grady I. Ingle or Elizabeth B. Ells 
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
13-038197

Publication Dates: October 16, 2014, October 23, 2014



12 SP 294
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 Stephen B. Annan and Brenda B. Annan a/k/a Brenda Annan to Mark A. Reinhard, Trustee(s), which was dated May 20, 2008 and recorded on May 21, 2008 in Book 2397 at Page 598 and rerecorded/modified/corrected on November 4, 2011 in Book 2586, Page 556, 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 29, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

Known as 4027 Red Road, Nashville, Nash County, North Carolina and being all of Lots 12 and 13 as shown on Map of Section 3 of Red Road Estates, recorded in Map Book 26, Page 61, Nash County Registry.
Brenda B. Annan joins in this conveyance, not as a Borrower, but to convey her interest in the above described property to the Trustee of this Deed of Trust and to subordinate her interest in the above described property to the lien of this Deed of Trust.

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

Said property is commonly known as 4027 Red Road, Nashville, NC 27856.

THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1).  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.

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 Brenda R Annan and husband, Stephen B Annan.

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 upon 10 days’ written notice to the landlord.  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.

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.: 12-10424-FC01

Publication Dates: October 16, 2014, October 23, 2014



14 SP  226
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 William Morgan, II to Fidelity National Title Insurance Company, Trustee(s), which was dated October 4, 2012 and recorded on October 12, 2012 in Book 2637 at Page 166, 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 20, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

All that certain lot or parcel of land situated in the City of Rocky Mount, Nash County, North Carolina and more particularly described as follows:  Being Lot 18, Block C, Section One of Beaver Pond Subdivision, as shown on map recorded in Map Book 19, Page 41, Nash County Registry.

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

Said property is commonly known as 1801 Sparrow Hawk Lane, Rocky Mount, NC 27804.

THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1).  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.

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 William Morgan, II.

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 upon 10 days’ written notice to the landlord.  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.

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.: 14-12749-FC01

Publication Dates: October 9, 2014, October 16, 2014



IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
14SP258

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY REBECCA WILLIS AND MICHAEL G. WILLIS DATED MAY 20, 2002 AND RECORDED IN BOOK 1867 AT PAGE 953 AND MODIFIED BY AGREEMENT RECORDED APRIL 19, 2006 IN BOOK 2223, PAGE 501  IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:30PM on October 30, 2014 the following described real estate and any other improvements which may be situated thereon, in Nash County, North Carolina, and being more particularly described as follows:

Being all of Lot 3, containing .80 acres as shown on plat entitled "Property of Meadowbrook Contractors, Inc. Section III, Castalia Twsp, Nash County, N.C." dated July 5, 1994 prepared by Chamblee & Strickland Land Surveying, Nashville, North Carolina a copy of which is recorded in Plat Book 22 Page 279 Nash County Registry, and to which reference is hereby made for a more complete description.

And Being more commonly known as: 4929 Sykes Rd, Nashville, NC 27856

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Rebecca P. Willis.

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 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: 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.

The date of this Notice is October 1, 2014.

Grady I. Ingle or Elizabeth B. Ells
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
14-063088

Publication Dates: October 16, 2014, October 23, 2014



14 SP 232
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 R. Vick and Jean P. Vick to Laura Layel, Trustee(s), which was dated October 20, 2006 and recorded on October 25, 2006 in Book 2269 at Page 600, 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 20, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

ALL that certain property situated in the Township of Stoney Creek in the County of Nash and State of North Carolina, being more fully described in a Deed dated 08/11/1994 and recorded 09/02/1994, among the Land Records of the County and State set forth above, in Deed Volume 1464 and Page 376.

And being more particularly described as follows:

BEING all of Lot 2, Block D of Maplewood Subdivision according to map entitled "Final Plat, Map of Section 1, Maplewood" by Gay-Jarvis Associates, dated May 8, 1978 and recorded in Map Book 13, Page 30, Nash County Registry.

Subject to restrictive covenants recorded in Book 1027, Page 86, Nash County Registry.

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

Said property is commonly known as 913 Beechwood Drive, Rocky Mount, NC 27803.

THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1).  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.

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 James R. Vick and wife, Jean P. Vick.

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 upon 10 days’ written notice to the landlord.  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.

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.: 14-13226-FC01

Publication Dates: October 9, 2014, October 16, 2014



IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
13SP406

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY TIFFANY R. BESS AND REGINALD E. BESS DATED JUNE 25, 2010 AND RECORDED IN BOOK 2517 AT PAGE 570-578 IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA

NOTICE OF SALE

Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 12:00PM on October 20, 2014 the following described real estate and any other improvements which may be situated thereon, in Nash County, North Carolina, and being more particularly described as follows:

Being Lot 22, Phase Two of Deer Ridge Subdivision as shown on that plat recorded in Map Book 35, Pages 190 and 191, Nash County Registry.

And Being more commonly known as: 2627 Tahoe Court, Nashville, NC 27856

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Tiffany R. Bess and Reginald E. Bess.

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 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid.  The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing.

SPECIAL NOTICE FOR LEASEHOLD TENANTS: 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.

The date of this Notice is September 26, 2014.

12-025510
Jonathan Blake Davis
Attorney for the Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/

Publication Dates: October 9, 2014, October 16, 2014



14 SP 231
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 Robert Perry, Jr. to Thomas W. King, Trustee(s), which was dated January 26, 1989 and recorded on January 27, 1989 in Book 1269 at Page 417 and rerecorded/modified/corrected on September 9, 2005 in Book 2172, Page 685; rerecorded/modified/corrected on December 31, 2007 in Book 2367, Page 654 and rerecorded/modified/corrected on July 13, 2010 in Book 2519, Page 645, 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 20, 2014 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

Attached to and forming a part of that certain deed of trust dated January 26, 1989 from Robert Perry, Jr. to Thomas W. King, Trustee for Southern State Mortgage Corporation, securing an original indebtedness of $33,371.00

Beginning at an iron stake in the southern right-of-way line of Paul Street, said iron stake being located 119.74 feet from the intersection of the southern right-of-way line of Paul Street and the western right-of-way line of Franklin Street, if said centerlines were extended to intersect (shown as 120 feet on the deed from Lemie D. Lee, at ux, to Ford Rowell, et ux dated September 17, 1936 and recorded in Book 357, Page 626, Nash County Registry); thence from said point of beginning thus determined, with and along the southern right-of-way line of Paul Street, N. 85° 00' W. 51.89 feet to an iron stake, cornering; thence S. 09° 08' W. 149.89 feet to an iron stake, cornering; thence S. 85° 00' E. 27.84 feet to an "X" in a box culvert, cornering; thence N. 18° 07' E. 153.50 feet to an iron stake, the point and place of beginning and being the identical property conveyed to Ford Rowell and wife Cora H. Rowell, by deeds recorded in Book 357, Page 626; Book 688, Page 545; Book 688, Page 544; and Book 850, Page 552, Nash County Registry. Ford Rowell died on March 21, 1981 survived his widow, Cora H. Rowell, the surviving tenant by the entirety.

The foregoing description is taken from plat of survey entitled "Map of Property of Robert Perry, Jr., 311 Paul St., Rocky Mount, N.C." dated January 25, 1989 and prepared by Joyner, Keeny & Associates, Rocky Mount, North Carolina, reference thereto being made for greater certainty of description.

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

Said property is commonly known as 311 Paul Street, Rocky Mount, NC 27803.

THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX, AND THE COURT COSTS OF FORTY-FIVE CENTS (45¢) PER ONE HUNDRED DOLLARS ($100.00) PURSUANT TO NCGS 7A-308(a)(1).  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.

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 Robert Perry, Jr..

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 upon 10 days’ written notice to the landlord.  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.

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.: 14-15120-FC01

Publication Dates: October 9, 2014, October 16, 2014