640 Foreclosures

STATE OF NORTH CAROLINA
COUNTY OF NASH

IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
14 SP 170

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM TIMOTHY LEE FOX AND SANDRA DENISE FOX TO THOMAS J. VESCE, TRUSTEE, DATED JUNE 29, 2001, RECORDED IN BOOK 1794, PAGE 689, NASH COUNTY REGISTRY

NOTICE OF FORECLOSURE SALE

Under an order entered in the Superior Court of Nash County dated July 2, 2014, and under the power of sale contained in that certain Deed of Trust from Timothy Lee Fox and Sandra Denise Fox to Thomas J. Vesce, Trustee, dated June 29, 2001, recorded in Book 1794, Page 689, Nash County Registry, and Matthew P. Sperati having been substituted as Trustee by instrument recorded in Book 2726, Page 975, 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 JULY 31, 2014
AT 2:00 O'CLOCK P.M.

the following described real estate and the improvements thereon:

BEING all of Lot No. 10 of Bellamy Mills Subdivision, Section 2, which appears of record in Map Book 28, Page 161-162, Nash County Registry. (TAX ID: 041123)

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 2nd day of July, 2014.

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



NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE
SALE OF REAL PROPERTY
(File No. 14-SP-177)

Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Tammie W. Lewis to C. Ray Joyner, Trustee (Thomas W. King having been substituted as Trustee by instrument recorded in Book 2655, Page 590, Nash County Registry) dated May 6, 2004 and recorded in the Office of the Register of Deeds for Nash County, North Carolina, in Book 2053, Page 429, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipulations and agreements therein contained, and pursuant to demand of the Owner and Holder of the indebtedness secured by said Deed of Trust and pursuant to an Order of Foreclosure Sale entered by the Clerk of Superior Court of Nash County, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:

KNOWN AS 2612 Blanch Lane, Rocky Mount, Nash County, North Carolina and being more particularly described as follows:

BEING all of Lot 6, Block D, Section 5 of the K.L. Edwards Subdivision as shown on map recorded in Map Book 11, Page 43, Nash County Registry, to which reference is hereby made for a more complete description.

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

The record owner of the real property not more than ten (10) days prior to the date hereof is Tammie W. Lewis.

A five percent (5%) 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 Trustee shall convey title to the property by non-warranty deed.

This sale will be made subject to all prior liens, assessments or encumbrances, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. The property is sold “AS IS, WHERE IS.” The Trustee makes no representations or warranties regarding title or physical condition of the property.

The sale will be held open for ten (10) days for upset bids as required by law.

Date and Hour of Sale:
Friday, August 1, 2014 at 11:00 am
Place of Sale:
Nash County Courthouse,
Nashville, NC
Date of this Notice:
June 25, 2014

The purchaser of the property described above shall pay the Clerk’s Commissions required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, any land transfer tax.

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 termination.

This the 25th day of June, 2014.

Thomas W. King, Substitute Trustee
P.O. Box 7805
Rocky Mount, NC 27804
(252)443-0113



10 SP 343
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 Wyatt R. McIlwain and Mary L. McIlwain aka Mary Lee McIlwain Husband and Wife and Audrey M. Marshall A Single Person to TRSTE, INC., Trustee(s), which was dated October 14, 2005 and recorded on October 17, 2005 in Book 2182 at Page 450 and rerecorded/modified/corrected on April 15, 2009 in Book 2452, Page 683, 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 August 4, 2014 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

KNOWN AS 201 ST. CATHERINE'S WALK ROCKY MOUNT NASH COUNTY NORTH CAROLINA AND BEING ALL OF LOT 1 BLOCK F SECTIONS 2 OF HIGH MEADOWS AS SHOWN ON MAP RECORDED IN MAP BOOK 11 PAGE 39 NASH COUNTY REGISTRY

Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 201 Saint Catherines Walk, 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 Audrey Marie Marshall.

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.: 08-18863-FC02



13 SP 105
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 Jacqualon J. Harfield to Keel , Lassiter, Duffy & Sperati, PLLC, Trustee(s), which was dated May 16, 2007 and recorded on May 17, 2007 in Book 2317 at Page 67, 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 August 4, 2014 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

Known as 201 Kent Drive, Rocky Mount, Nash County, North Carolina, and being Lot 7, Block E, Section 2 of High Meadows as shown on map recorded in Map Book 11, Page 39, Nash County Registry.

Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 201 Kent 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 Jacqualon J. Harfield.

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.: 12-03145-FC01



NOTICE OF FORECLOSURE SALE
14-SP169
Under and by virtue of the power of sale contained in a certain Deed of Trust made by CAROLYN DAVIS, NOW DECEASED to JAMES C. BLAINE, Trustee(s), dated the 16TH day of OCTOBER, 2012 and recorded in BOOK 2638, PAGE 80, 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, ANDERSON & STRICKLAND, P.A., 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 at 11:00 A.M. ON AUGUST 7TH, 2014, 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:

KNOWN AS 4628 Lily Walk, City of Rocky Mount, Nash County, North Carolina and fronting on Lily Walk and Westry Road and being all of Lot 51 as shown on the map of Carriage Pond Subdivision Section III-A recorded in Plat Book 33, Page 150 of the Nash County Registry and reference is hereby made to said map for a more particular description. This being a portion of the property conveyed to Nash Development Co., Inc. by deed recorded in Book 1868, Page 341 of the Nash County Registry and being subject to those certain restrictive covenants recorded in Book 2190, Page 293, Nash County Registry.

Said property being located at: 4628 LILY WALK, ROCKY MOUNT, NC 27804

PRESENT RECORD OWNER BEING: TE'CARA J. RUDD, HEIR AT LAW OF CAROLYN DAVIS, NOW DECEASED.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. 45-21.23.
Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.
Should the property be purchased by a third party, that person must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A308 (a) (1), and any applicable county and/or state land transfer tax and/or revenue tax.
Any successful bidder shall be required to tender the full balance of the purchase price so bid, in cash or certified check, at the time the Substitute 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 for in N.C.G.S. 45-21.30(d) and (e).

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 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.

A cash deposit or cashier's check (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.
That 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 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.
This the 10th day of July, 2014.
Michael W. Strickland,
as Attorney for and President of
ANDERSON & STRICKLAND, P.A.,
Substitute Trustee
210 East Russell, Suite 104
FAYETTEVILLE, North Carolina 28301
(910) 483-3300



STATE OF NORTH CAROLINA
COUNTY OF NASH

IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
14 SP 154

IN RE THE FORECLOSURE OF A DEED OF TRUST FROM AGUSTIN P. PALACIOS AND WIFE, MARIA ISABEL C. HURTADO, TO GEORGE G. WHITAKER, DATED NOVEMBER 13, 2006, RECORDED IN BOOK 2273, PAGE 549, NASH COUNTY REGISTRY

NOTICE OF FORECLOSURE SALE

Under an order entered in the Superior Court of Nash County dated June 18, 2014, and under the power of sale contained in that certain Deed of Trust from Agustin P. Palacios and wife, Maria Isabel C. Hurtado, to George G. Whitaker, Trustee, dated November 13, 2006, recorded in Book 2273, Page 549, Nash County Registry, and Matthew P. Sperati having been substituted as Trustee by instrument recorded in Book 2726, Page 309, 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 AUGUST 5, 2014,
AT 2:00 O'CLOCK P.M.

the following described real estate and the improvements thereon:

KNOWN AS 804 E. Nash Street, Spring Hope, Nash County, North Carolina, and being Lots Nos. 4, 5, and 6 in Block B of the property of G. W. Joyner and L. F. Tillery, map of which is recorded in Book 194, Page 18, Nash County Registry. Lot No. 4 fronting 50 feet on the northern side of Railroad Avenue and running back 130 feet to Lot No. 10. Lot No. 5 fronting 50 feet on the northern side of Railroad Avenue and running back 130 feet to the western side and 125 on the eastern side to Lot No. 11. Lot No. 6 fronting 50 feet on the northern side of Railroad Avenue and running back 125 feet to Lot No. 12. See deed from Percy Brantley and wife to H. L. Stallings for further description. See also deed recorded in Book 488, Page 342, Nash County Registry.
(TAX ID: 010352)

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 18th day of June, 2014.

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



14 SP 160
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 Gregg W. Baker and Tracey P. Baker to Southland Associates, Inc., Trustee(s), which was dated November 8, 2002 and recorded on November 12, 2002 in Book 1906 at Page 153, 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 August 4, 2014 at 1:30PM, and will sell to the highest bidder for cash the following described property situated in Nash County, North Carolina, to wit:

Lots 56, 57, 58, 59 and 60, situate in Dry Wells Township and shown on the plat of Property of Montgomery Lumber Company, recorded in Plat Book 1, Page 116, Nash County Registry, and being the identical lots conveyed to A F Manning by Montgomery Lumber Company by Deed recorded in Book 272, at Page 71, Nash County Registry.

Being the first tract described in Deed from J P Bunn, Commissioner, to H W Manning recorded in Book 377, at Page 273, Nash County Registry and being a part of the identical property described in Deed recorded in Book 509, Page 388, Nash County Registry.  Being the identical property described in Deed recorded in Book 914, Page 639, Nash County Registry.

LESS AND EXCEPT

Beginning at a point where the western right of way of Pine Street intersects the northern right of way of Mill Street, thence along the Northern right of way of Mill Street, N 69° 30' W 193 9 feet to an iron pipe, thence N 20° 30' E 125 feet to an iron pipe, thence S 69° 30' E 159.08 feet to an iron pipe on the western right of way of Pine Street, thence along the western right of way of Pine Street, S 04° 56' W 129 75 feet to an iron stake, the point of beginning and being part of Lots 58, 59 and 60, as shown on plat of Property of Montgomery Lumber Company recorded in Plat Book 1, Page 116, Nash County Registry, and being a part of the identical lots conveyed to A F Manning by Montgomery Lumber Company by deed recorded in Book 272, Page 71, Nash County Registry.

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

Said property is commonly known as  12601 West Hanes Avenue, Middlesex, NC 27557.

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 Gregg W. Baker and Tracey P. Baker.

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.: 14-09326-FC01