NORTH CAROLINA, NASH COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Karrie Ann Mealey to CB Services Corp, Trustee(s), which was dated April 18, 2008 and recorded on April 18, 2008 in Book 2390 at Page 281, 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 June 3, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
KNOWN AS 4884 Davis Road, Rocky Mount, Nash County, North Carolina, and BEING Lot 12, Section 2 of Randolph Ridge Subdivision as shown on map recorded in Map Book 27, Page 56, Nash County Registry.
THIS CONVEYANCE is made subject to those Restrictive Covenants recorded in Book 1694, Page 850, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 4884 Davis Road, 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 Karrie Ann Mealey.
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.
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
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
13SP66
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RICHARD BELL AND LUCINDA BELL DATED JANUARY 23, 1998 AND RECORDED IN BOOK 1599 AT PAGE 364 IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA
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 11:30AM on May 30, 2013 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:
BEGINNING at a stake in the southern line of Hammond Street 62.5 feet westerly from the intersection of the western property line of Grace Street with the southern property line of Hammond Street; thence along the southern line of Hammond Street N. 67° W. 50 feet to a stake, Betsy K. Rollins' line; thence along the Rollins line S. 23° W. 150 feet to a stake in the J. Paul Langley line; thence along the Langley line S. 67° E. 50 feet to a stake, cornering; thence continuing along the Langley line N. 23° E. 150 feet to the point of Beginning.
And Being more commonly known as: 507 Hammond St, Rocky Mount, NC 27804
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Heirs of Richard Bell.
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.
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 May 9, 2013.
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
NORTH CAROLINA, NASH COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Arvin Silver and Mona Silver to Robert C Kenknight, Trustee(s), which was dated February 15, 2002 and recorded on February 20, 2002 in Book 1845 at Page 461, 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 May 28, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
KNOWN as 1316 Dogwood Avenue, Rocky Mount, Nash County, North Carolina, and being Lot 11, Block C as shown on plat of property known as "Swelton Heights" or "Hunter's Hill Road Place", recorded in Book 208, Page 44, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1316 Dogwood Avenue, 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 Mona Dew Maryland.
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.
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
NORTH CAROLINA, NASH COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by James H. Mizelle III to PBRE Inc., Trustee(s), which was dated December 23, 2009 and recorded on December 23, 2009 in Book 2493 at Page 303, 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 June 3, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
Dated December 23, 2009
From James H. Mizelle, III, unmarried
To PBRE Inc., Trustee
For Sidus Financial, LLC
Securing an original principal
indebtedness of 106,632.00
This Conveyance is subject to those certain restrictive covenants recorded in book 1900, page 187, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 724 Westview Court, 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 James H. Mizelle, III.
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.
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
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 PHYLLIS E. MOORE to CB SERVICES CORP, Trustee(s), which was dated August 13, 2001 and recorded on August 14, 2001 in Book 1803 at Page 1006, 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 May 28, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
KNOWN AS 1529-1531 Winterberry Drive, Rocky Mount, Nash County, North Carolina, and being all of LOT 8, Block B, Section One of Benvenue North Subdivision as shown on map recorded in Map Book 24, Page 229, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 1529 & 1531 Winterberry Drive, 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 Robert E. Moore, Jr. and wife, Phyllis E. Moore.
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.
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
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
13SP167
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY DARIUS A. COOPER AND CRYSTAL NORWOOD DATED MAY 20, 2005 AND RECORDED IN BOOK 2142 AT PAGE 525 AND MODIFIED BY AGREEMENT RECORDED ON MARCH 12, 2012 IN BOOK 2604 PAGE 321 IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA
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 May 28, 2013 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 No. 13 as shown upon a map entitled "Final Plat, Hunters Park, Section Two, Property of J.W. Hunter Construction, Inc." and recorded in Plat Book 31, Page 344, Nash County Registry.
This conveyance is made subject to those certain Restrictive Covenants recorded in Book 2059, Page 659, Nash County Registry.
And Being more commonly known as: 1718 Hunterbrook Ln, Rocky Mount, NC 27804
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Darius A. Cooper.
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.
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 May 6, 2013.
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
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 John Earl Brinson to Brock and Scott, PLLC, Trustee(s), which was dated October 8, 2004 and recorded on October 11, 2004 in Book 2090 at Page 834, 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 June 3, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
Beginning at a stake in the western property line of Columbia Avenue 250 feet southerly from its intersection with the southern property line of Oak Street, corner between Lots Nos. 66 and 67, Block T, as shown on map hereinafter referred to; thence southerly with the western property line of Columbia Avenue 90 feet to a stake; thence westerly and parallel with the southern property line of Oak Street 130 feet to a stake; thence northerly and parallel with the westen property line of Columbia Avenue 90 feet to a stake, corner beween Lots No. 66 and 67; thence easterly with the dividing line between Lots Nos. 66 and 67, 130 feet to the beginning, and being Lot No. 67 and 40 feet of Lot No. 68, Block T, as shown on map of the property of John H. Logan, Trustee, recorded in Book 85, Pages 82 and 83, Nash County Registry, and being the lot conveyed to M. R. Braswell by the Rocky Mount Insurance and Realty Company, by deed recorded in Book 178, Page 384, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 734 Columbia Avenue, 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 John Brinson.
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.
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
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 ARTHUR L. BARNES, JR. / AND LATREECE H. BARNES, HUSBAND AND WIFE to WILLIAM R. ECHOLS, Trustee(s), which was dated February 28, 2000 and recorded on February 29, 2000 in Book 1712 at Page 518, 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 May 28, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:
KNOWN AS 709 Mayfair Drive, Rocky Mount, North Carolina, and BEING Lot 2, Block D, Phase I, Fairfield Subdivision, as shown on plat recorded in Map Book 21, Page 41, Nash County Registry.
THIS CONVEYANCE is made subject to those Restrictive Covenants recorded in Book 1370, Page 208, Nash County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 709 Mayfair 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 Arthur Lee Barnes, Jr. and wife, Latreece Harris Barnes.
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.
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
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
NASH COUNTY
13SP51
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ALICE F. DAUGHTRIDGE AND WILLIAM DONALD DAUGHTRIDGE DATED APRIL 24, 2003 AND RECORDED IN BOOK 1956 AT PAGE 602 IN THE NASH COUNTY PUBLIC REGISTRY, NORTH CAROLINA
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 11:30AM on May 30, 2013 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:
Beginning at a Red Oak, a corner of the William Daughtridge Estate; thence along the line of the Daughtridge Estate; thence along the line of the Daughtridge Estate the Robbins' heirs and Jackson heirs line, S. 85° 25' E. 1293 feet to an iron stake in the A.C.L.R.R. right of way; thence along the said right of way, S. 23° 05' W. 292 feet to an iron stake; thence along the line of lot No. 2(A), N. 85° 25' W. 1209 feet to an iron stake in the line of the Daughtridge Estate: thence along the line of said estate, N. 4° 35' E. 281 feet to the beginning, containing 8 acres. Surveyed by T. R. McDearman, Sept. 1923.
EXCEPTING, however, from the above-described tract that part thereof that was conveyed by Mary E. Jackson and others to Johnson Cotton Company of Rocky Mount, Inc., by deed dated May 3, 1946, and registered in Book 501, page 588, Nash County Registry, said part being described as follows.
Situate on the east side of U. S. Highway 301 about one mile south of the City of Rocky Mount. Beginning at an iron stake in the eastern line of the right of way of U. S. Highway 301, G. R. Lester's corner in the line of said right of way; thence along the line of said right of way N. 23° 40' E. 292.13 feet to an iron stake, corner of W. T. Jackson land in the line of said right of way; thence along line of the Jackson land S. 84° 25' E. 442.7 feet to an iron stake in the western line of the right of way of the A. C. L. Railroad Company; thence along the line of said A. C. L. Railroad Company right of way S. 23° 34' W. 292 feet to an iron stake, Lester's corner in the line of said railroad right of way; thence along Lester's line N. 84° 25' W. 443.1 feet to the beginning containing 2.823 acres according to map of survey made by E. L. Hunley, C. E., May 2, 1946. Being a part of the lot 1-A of plot of Harriett L. A. Daughtridge and Rosa B. Minor property.
And Being more commonly known as: 3316 South Church St, Rocky Mount, NC 27803
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of William Donald Daughtridge.
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.
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 May 9, 2013.
Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/