640 Foreclosures

16 SP 293

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 Othella Lofton and Korrin Lofton to Andrew Valentine, Esq., Trustee(s), which was dated February 18, 2005 and recorded on February 18, 2005 in Book 2119 at Page 184, 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 February 8, 2017 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

BEING Lot 26, containing 1.325 acres, as shown on survey and plat of "Highpoint", Section Two, dated June 15, 1995, and revised September 26, 1995, January 18, 1996, and January 25, 1996, by Chamblee & Strickland, recorded in Plat Book 24, Page 220, Nash County Registry.

This conveyance is made subject to that certain Declaration of Protective Covenants recorded in Deed Book 1552, Page 4, Nash County Registry.

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

Said property is commonly known as 5412 Highpoint Drive, Nashville, NC 27856.

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 Korrin Lofton and Othella Lofton.

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.: 16-18730-FC01

Publication Dates: January 26, 2017, February 2, 2017