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NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 

PAMLICO COUNTY SUPERIOR COURT DIVISION 

NOTICE TO CREDITORS AND DEBTORS

OF ISLA WHEELER BENNETT 

File No.: 15 E 9

 

All persons, firms and corporations having claims against ISLA WHEELER BENNETT, deceased, are notified to exhibit them to MILDRED B. GREEN, Executrix of the Estate, on or before April 28, 2015, at the address listed below or be barred from their recovery.  Debtors of the decedent are asked to make immediate payment to the above-named Executrix.

 

This 28th day of January, 2015.

 

Mildred B. Green, Executrix

Estate of Isla Wheeler Bennett

1213 Pine Valley Drive

New Bern, NC 28562


Publish January 28, February 4, 11 and 18, 2015.

______________________________________________________________________________________

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

PAMLICO COUNTY

13SP1

 

 

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY LASH ALLAN HACKER AND VICKI WOOLARD HACKER DATED JANUARY 26, 2006 AND RECORDED IN BOOK 462 AT PAGE 555 IN THE PAMLICO 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 10:30AM on February 11, 2015 the following described real estate and any other improvements which may be situated thereon, in Pamlico County, North Carolina, and being more particularly described as follows:

 

Beginning at a point in the southern right of way line of North Carolina Highway 55, this said point being 50.0 feet as measured S 10 deg 05 min W from a point in the centerline of the aforementioned Highway 55 which stands 650.6 feet as measured eastward along the centerline of Highway 55 from its intersection with the centerline of SR 1124 (Casey Road); thence from this beginning and continuing along the southern right of way line of NC Highway 55 S 76 deg 04 min E 255.2 feet to a corner in an  old ditch, said ditch being the westernmost boundary of that tract of land conveyed by F.H. Reel and wife to Mildred Reel Buck by deed of record in Book 109, Page 128, Pamlico County Registry, S 10 deg 05 min W 238.5 feet; thence a new line N 77 deg 01 min W 255.0 feet to a corner; thence another new line N 10 deg 05 min E 242.9 feet to the southern right of way line of North Carolina Highway 55 the point and place of beginning, containing 1.405 acres more or less

 

And Being more commonly known as:  8266 Hwy 55 East, New Bern, NC 28560

 

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Lash Allan Hacker and Vicki Woolard Hacker.

 

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 January 12, 2015.

 

 

 

Grady I. Ingle or Elizabeth B. Ells 

Substitute Trustee

10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

12-026560

 

 

Posted: __________________

By: __________________


________________________________________________________________________________________


NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

PAMLICO COUNTY SUPERIOR COURT DIVISION

 NOTICE TO CREDITORS AND DEBTORS

OF JOE LAWRENCE CARRAWAY 

File No.: 14 E 144

 

 

All persons, firms and corporations having claims against JOE LAWRENCE CARRAWAY, deceased, are notified to exhibit them to SUE C. GILLIKIN, Administratrix of the Estate, on or before April 7, 2015, at the address listed below or be barred from their recovery.  Debtors of the decedent are asked to make immediate payment to the above-named Administratrix.

 

This 7th day of January, 2015.

 

Sue C. Gillikin, Administratrix

Estate of Joe Lawrence Carraway

214 Live Oak Drive

Cape Carteret, NC 28584

 

Publish January 7, 14, 21 and 28, 2015.

____________________________________________________________________________________________


NORTH CAROLINA

PAMLICO COUNTY

NOTICE TO CREDITORS

 

All persons, firms, and corporations having claims against the Estate of JACK D. RUSSELL, deceased, of Pamlico County, NC, are notified to present the same to the personal representative listed below on or before April 20, 2015, or this notice will be pleaded in bar of recovery. All debtors of said Estate are asked to make immediate payment. 

 

This is the 14th day of January, 2015

 

JACK W. RUSSELL, ADMINISTRATION OF THE ESTATE OF JACK D. RUSSELL

c/o WILLIAM H. HOLLOWS

ATTORNEY AT LAW

PO BOX 563

NEW BERN, NC 28563

 

Run dates January 14, 2015, January 21, 2015, January 28, 2015 and February 4, 2015. 

____________________________________________________________________________________________

                     

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

PAMLICO COUNTY SUPERIOR COURT DIVISION

14-SP-57

 

IN THE MATTER OF THE FORECLOSURE )

OF THE DEED OF TRUST FROM )

BAYBORO DEVELOPMENT CENTER, INC. ) NOTICE OF FORECLOSURE

DATED JULY 2, 2007 RECORDED IN BOOK )                 SALE

499, PAGE 55, PAMLICO COUNTY REGISTRY. )

 

           Pursuant to an order entered January 8, 2015 by the Clerk of Superior Court of Pamlico County, N.C. Gen. Stat. §§ 45-21.1 through 45-21.33, and the power of sale provisions contained in the captioned deed of trust (the "Deed of Trust"), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash,

AT THE COURTHOUSE DOOR IN

BAYBORO, PAMLICO COUNTY, NORTH CAROLINA

ON FEBRUARY 5, 2015,

AT 10:00 A.M.

 

the real estate and the improvements; if any thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of said sale, lying and being in Pamlico County, North Carolina, and being more particularly described as follows:

 

Lots 10, 11 and 13 as shown on the plat entitled “Subdivision of Mapleleaf Subdivision Section Two” prepared by Atlantic Survey and Design, PA, Professional Land Surveyors, dated January 25, 2007, and recorded in Plat Cabinet A, Slide 161-12, Pamlico County Registry.

  

The record owner(s) of the real property not more than ten days prior to the date hereof is: BAYBORO DEVELOPMENT CENTER, INC.

 

Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §45-21.23.

 

The property to be offered pursuant to this notice of sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the Trustee nor the holder of the note secured by the deed of trust/security agreement or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the Trustee or the holder of the note make any representation or warranty relating to the 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 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 non-warranty 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, which became a lien subsequent to the recordation of the 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.

 

Should the property described above be purchased by a third party, that purchaser shall pay the Clerk's Commissions in the amount of $0.45 per $100.00 of the purchase price required by NCGS §7A308(a)(1).

 

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. 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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.

 

IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.

 

This 8th day of January, 2015.

 

        ________________________________

        FREDERICK N. HOLSCHER

        Substitute Trustee

 

 

 

RODMAN, HOLSCHER, PECK & EDWARDS, P.A.

Attorneys at Law

320 North Market Street

Post office Box 1747

Washington, NC  27889

Telephone No. (252) 946-3122

__________________________________________________________________________________________

 

NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE

PAMLICO COUNTY SUPERIOR COURT DIVISION 

NOTICE TO CREDITORS AND DEBTORS 

OF FRANCIS TAYLOR PARHAM

 

       Having qualified as Executor of the Estate of FRANCIS TAYLOR PARHAM, late of Oriental, Pamlico County, North Carolina, the undersigned does hereby notify all persons, firms and corporations having claims against the estate of said decedent to exhibit them to the undersigned at P.O. Box 158, Almond, NC  28702, on or before the 22nd day of April, 2015, or this notice will be pleaded in bar of their recovery.  All persons, firms and corporations indebted to the said estate will please make immediate payment to the undersigned.

 

This 21st day of January, 2015       

 

James W. Parham

P.O. Box 158

Almond, NC  28702

 

Publish: January 21, 28, February 4, and 11th 2015

 

HOLLOWELL & HOLLOWELL

P.O. Box 218

Bayboro, NC 28515

_________________________________________________________________________________________________________


IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

PAMLICO COUNTY

14SP58

 

 

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JOSEPH J. CALANDRA, JR. AND PENNY L. CALANDRA DATED NOVEMBER 29, 2007 AND RECORDED IN BOOK 506 AT PAGE 900 IN THE PAMLICO 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 3:00PM on February 5, 2015 the following described real estate and any other improvements which may be situated thereon, in Pamlico County, North Carolina, and being more particularly described as follows:

 

In the Silverhill Community, east of N.C. Highway 306, BEGINNING at a point in the southern edge of a 45-foot wide road, said point being the northeast corner of a lot which was conveyed by Vernon D. Baker and wife to Elva C. Smith by deed dated October 28, 1985, recorded in Book 236 at page 207, Pamlico County Registry, and running thence southwardly with the east line of said Smith lot to a ditch, the north line of the lands of Channing Smith, deceased; thence eastwardly with said ditch and line 125 feet to a ditch intersection; thence northwardly with a ditch to the south line of the 45-foot wide road hereinabove referred to (said point being 45 feet southward of the north line of the tract which was conveyed by James B. Powers and wife to Vernon D. Baker and wife by deed dated March 20, 1985 and recorded in Book 231 at page 373, Pamlico County Registry); thence westwardly along said road edge (parallel to and 45 feet southward of the north line of said Powers tract) 125 feet to the point of BEGINNING, containing 4l/100 of an acre, more or less, and being a portion of said Powers tract.

AS AN APPURTENANCE to the above-described lot, there is conveyed herewith a perpetual, non-exclusive casement for ingress, egress and regress to and from the same and N.C. Highway 306, and for electric, water, cable-TV, and all other residential utility purposes, over and along the 45-foot road hereinabove referred to, the north line of which is more particularly described as follows: BEGINNING in the eastern edge of N.C. Highway 306 at the northwest corner of the tract which was conveyed by James B. Powers and wife to Emerson I. Smith and wife by deed dated December 29, 1970, recorded in Book 158 at page 442, Pamlico County Registry, and running thence eastwardly along the north line of said tract and along the north line of the tract conveyed by said Powers to Vernon D. Baker and wife in the deed hereinabove referred to, to a point opposite the northeast corner of the above-described lot.

The land and its improvements consist of a Manufactured Home dwelling that is permanently affixed to the land and is a part of the real property.  The unit was manufactured by Dynasty Homes in 2000 with a model name of SMH15.  The unit is comprised of approximately 1845 square feet of living space.

 

And Being more commonly known as:  110 Sandy Ln, Grantsboro, NC 28529

 

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Joseph J. Calandra, Jr. and Penny L. Calandra.

 

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 January 16, 2015.

 

 

 

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

14-064738

 

 

Posted: __________________

By: __________________

____________________________________________________________________________________________

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

PAMLICO COUNTY

14SP47

 

 

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY THOMAS TAYLOR AND ELLA M. TAYLOR DATED APRIL 2, 2008 AND RECORDED IN BOOK 514 AT PAGE 769 IN THE PAMLICO 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 3:00PM on February 5, 2015 the following described real estate and any other improvements which may be situated thereon, in Pamlico County, North Carolina, and being more particularly described as follows:

 

All that certain lot or parcel of land situated in the City of New Bern Number One (1) Township, Pamlico County, North Carolina and more particularly described as follows:

Beginning at a point in the centerline of a bridge which marks the intersection of the centerline of the run of Broad Creek with the centerline of N.C.S.R. No. 1128 and also marks the Craven County-Pamlico County line; and running thence from said point of beginning so located South 44-33-57 East 323.52, South 48-53-58 East 299.14 feet, and South 53-14-00 East 90.76 feet; thence leaving the right of way of N.C.S.R. No. 1128 and running South 46-18-35 West 998.14 feet along and with the centerline of a ditch to a set iron pipe; thence South 66-09-51 West 332.08 feet to a set iron pipe; thence North 56-07-00 West 792.00 feet to the center of the run of Broad Creek; running thence along and with the center of the run of Broad Creek to points located as follows: North 21-49-10 West 436.56 feet, North 68-14-52 East 291.41 feet, South 52- 04-08 East 134.20 feet, North 54-58-15 East 315.48 feet, and South 71-21-17 East 344.26 feet; and thence continuing along and with the run of Broad Creek in a northeasterly direction to the point of beginning in the centerline of the bridge.

 Less and excepting from the above described real property the following portion thereof which is more particularly described as follows: Beginning at a point in the centerline of a bridge which marks the intersection of the centerline of the run of Broad Creek and the centerline of N.C.S.R. No. 1128 and also marks the Craven County-Pamlico County line; and running thence from said point of beginning so located along and with the centerline of N.C.S.R. No. 1128 South 44-33-57 East 323.52 feet to a point; thence South 48-53-58 East 116.98 feet to a point within the 60 foot right of way of N.C.S. R. No. 1128 and running South 33-52-03 West 269.74 feet to a set iron pipe; thence continuing North 47-37- 15 West to the center of the run of Broad Creek; thence along and with the run of Broad Creek in a northeastwardly direction to the point of beginning, containing 2.59 acres.more or less, as shown on a survey prepared by G. Jerome Norman.

 

And Being more commonly known as:  321 Craven County Rd, New Bern, NC 28560

 

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of Thomas Taylor and The Estate of Ella M. Taylor.

 

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 January 16, 2015.

 

 

 

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

14-063347

 

 

Posted: __________________

By: __________________

________________________________________________________________________________________

NOTICE OF SUBSTITUTE TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY

UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Judy Harris, dated 10/06/1999 and recorded on 10/13/1999, in Book 0348 at Page 0602_, in the Office of the Register of Deeds of Pamlico County, North Carolina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Pamlico County Courthouse, in Bayboro, North Carolina, on February 10, 2015 at 12:00 Noon that parcel of land, including improvements thereon, situated, lying and being in the City of Alliance, County of Pamlico, State of North Carolina, and being more particular described as follows:

SITUATE ON THE SOUTH SIDE OF THE STATE HIGHWAY, BEGINNING AT AN IRON PIPE ON THE SOUTH SIDE OF SAID STATE HIGHWAY NO. 55, AND RUNS WITH SAID HIGHWAY SOUTH 88 DEGREES EAST 100 FEET TO ANOTHER IRON PIPE; THENCE SOUTH 8 DEGREES WEST 120 FEET TO AN IRON MARKER IN THE EDE OF A DITCH; THENCE WITH SAID DITCH NORTH 89 DEGREES WEST 90 FEET TO ANOTHER DITCH NEAR A MARKED SWEET GUM; THENCE WITH SAID DITCH NORTH 25 DEGREES WEST 26 FEET NEAR A SWEET GUM; THENCE NORTH 8 DEGREES EAST 116 FEET TO THE BEGINNING, CONTAINING ONE-FOURTH (1/4) ACRE, MORE OR LESS. Any and all improvements thereon.

Address of Property:  494 Main Street, Alliance, NC 28509

Present Record Owners: Judy Harris and Spouse, if any of Judy Harris

The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder.  The Substitute Trustee reserves the right to require a cash deposit or a certified check not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred fifty Dollars ($750.00).  In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax, and the tax required by N.C.G.S. §7A-308 (a) (1).

The real property hereinabove described is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments.  Other conditions will be announced at the sale.  The sale will be held open for ten (10) days for upset bids as by law required.

If the Substitute 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 title include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without knowledge of the Substitute Trustee(s).  If the validity of the sale is challenged by any party, the Substitute Trustee(s), in its/their sole discretion, if it/they believe(s) the challenge to have merit, may declare the sale to be void and return the deposit.  The purchaser will have no further remedy.

 

Additional Notice where the Real Property is Residential with less than 15 Rental Units:

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.  Upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of termination.

Dated:  January 20, 2015

_____________________________________________

The Hunoval Law Firm, PLLC, Attorney for 

Poore Substitute Trustee, LTD as Substitute Trustee

By: Cameron D. Scott, Attorney at Law

501 Minuet Lane # 104-A

Charlotte, North Carolina  28217

(704) 334-7114

 

 110.001917x/HARRIS  FEI # 1082.00935 01/28/2015, 02/04/2015

___________________________________________________________________________________________________________________________

 

IN THE GENERAL COURT OF JUSTICE

OF NORTH CAROLINA

SUPERIOR COURT DIVISION

PAMLICO COUNTY

14SP64

 

 

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM R. THOMPSON AND ROSA THOMPSON DATED JULY 22, 2009 AND RECORDED IN BOOK 534 AT PAGE 400 IN THE PAMLICO 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 10:30AM on February 11, 2015 the following described real estate and any other improvements which may be situated thereon, in Pamlico County, North Carolina, and being more particularly described as follows:

 

All that certain tract or parcel of land lying and being situate in Number 1 Township, Pamlico County, North Carolina and being more particularly described as follows:
Being all of Lot No. 34 on the West side of Chair Road, in Pinedale Subdivision, Section 2, a map of which is recorded in Map Book 4, Page 67 in the Office of the Register of Deeds of Pamlico County, reference to said map being hereby made for a more perfect description of said Lot No. 34.

 

And Being more commonly known as:  582 Chair Rd, New Bern, NC 28560

 

The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are William R. Thompson and Rosa Thompson.

 

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 January 9, 2015.

 

 

 

Grady I. Ingle or Elizabeth B. Ells

Substitute Trustee

10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216

(704) 333-8107

http://shapiroattorneys.com/nc/

14-065120

Client Code: CWF

 

 

Posted: __________________

By: __________________

__________________________________________________________________________________________

 

NOTICE OF FORECLOSURE SALE

FILE NO. 14-SP-61


Under and by virtue of the power of sale contained in that certain Deed of Trust executed by William O'Neal White and Marty G. White, husband and wife to Neuse, Incorporated, Trustee, dated October 24, 2007 and recorded in Book 505, at Page 608 in the Pamlico County Registry, Bayboro, North Carolina, default having been made in the  payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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 Bayboro, Pamlico County, North Carolina, on February 13, 2015, at 10:30 a.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Pamlico County, North Carolina, and being more particularly described as follows:

All that certain tract or parcel of land lying and being situate in Number Five (5) Township, Pamlico County, as shown on that "Preliminary Site Plan for William O'Neal White and wife, Marty G. White" dated September 15, 2006, by Dennis A. Fornes, PLS, which is specifically incorporated herein by reference for a more particular description of said tract or parcel of land, which is also described as follows:

BEGINNING AT A POINT which is located the following courses and distances from an existing p.k. nail in the centerline of NCSR # 1101 (Bennett Neck Road), North 39 degrees 27 minutes 25 seconds East 520.72 feet, a curve to the left with delta angle 35 degrees 13 minutes 07 seconds, radius of 433.16 feet, arc of 266.25 feet, tangent of 137.48 feet, chord distance of 262.08 feet, chord bearing South 1 degree 40 minutes 37 seconds West 144.75 feet, South 67 degrees 59 minutes 42 seconds East 187.24 feet, South 60 degrees 10 minutes 37 seconds East 102.35 feet, South 48 degrees 35 minutes 17 seconds East 94.41 feet, South 40 degrees 10 minutes 28 seconds East 100.21 feet, South 37 degrees 50 minutes 22 seconds East142.29 feet, South 45 degrees 03 minutes 52 seconds East 92.87 feet, South 55 degrees 26 minutes 21 seconds East 106.81 feet, South 60 degrees 13 minutes 32 seconds East 111.32 feet, and South 63 degrees 49 minutes 00 seconds East 143.02 feet to the point or place of beginning.  FROM SAID POINT OR PLACE OF BEGINNING RUNNING THENCE North 18 degrees 30 minutes 00 seconds East 247.42 feet to a point; thence South 71 degrees 00 minutes 00 seconds East 745.40 feet to a point in Bairds Creek; thence along Bairds Creek South 60 degrees 50 minutes 00 seconds East 92.16 feet to a point, South 46 degrees 16 minutes 25 seconds West 159.46 feet, South 60 degrees 30 minutes 10 seconds West 193.96 feet, South 9 degrees 51 minutes 55 seconds West 215.77 feet, and South 66 degrees 11 minutes 55 seconds West 36.02 feet to a point; thence leaving Bairds Creek to run along the northern property line of the Oaks Subdivision appearing of record in Plat Cabinet A, Slide 121-9, Pamlico County Registry, North 71 degrees 30 minutes 00 seconds West 637.60 feet to a point; thence North 18 degrees 30 minutes 00 seconds East 298.93 feet to the point or place of beginning.

 

BEING ALSO CONVEYED is a fifty (50) foot wide access and utility easement from and to said property to and from NCSR 1101 (Bennett Neck Road), the centerline of said access and utility easement being described as follows:

 

BEGINNING AT A POINT which is located the following courses and distances from an existing p.k. nail in the centerline of NCSR # 1101 (Bennett Neck Road), North 39 degrees 27 minutes 25 seconds East 520.72 feet, a curve to the left with delta angle 35 degrees 13 minutes 07 seconds, radius of 433.16 feet, arc of 266.25 feet, tangent 137.48 feet, chord distance 262.08 feet, chord bearing South 1 degree 40 minutes 37 seconds West 144.75 feet, South 67 degrees 59 minutes 42 seconds East 187.24 feet, South 60 degrees 10 minutes 37 seconds East 102.35 feet, South 48 degrees 35 minutes 17 seconds East 94.41 feet, South 40 degrees 10 minutes 28 seconds East 100.21 feet, South 37 degrees 50 minutes 22 seconds East 142.29 feet, South 45 degrees 03 minutes 52 seconds East 92.87 feet, South 55 degrees 26 minutes 21 seconds East 106.81 feet, South 60 degrees 13 minutes 32 seconds East 111.32 feet, and South 63 degrees 49 minutes 00 seconds East 143.02 feet to the terminus of said access and utility easement.

 

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 505, at Page 608 in the office of the Register of Deeds of Pamlico County.

 

This is the same property described in the Deed of Trust recorded in Book 505, at Page 608 in the office of the Register of Deeds of Pamlico County.

 

The current property owner is William O'Neal White.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics' and materialmen's liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS."  Neither the Substitute 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 Substitute 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.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale.  If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder.  Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's Deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e).  In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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.  

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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 23rd day of January, 2015.


Kimberly Elizabeth Lee

Attorney for WASLAW, LLC

WASLAW, LLC

Substitute Trustee

Post Office Box 8088

Greenville, NC  27835-8088

Telephone:  252.215.4000

_________________________________________________________________________________________

NOTICE OF FORECLOSURE SALE

FILE NO. 14-SP-59 


Under and by virtue of the power of sale contained in that certain Deed of Trust executed by William O'Neal White and Marty G. White, husband and wife, to Alexander S. Badger, Jr., Trustee, dated November 4, 1999 and recorded in Book 0349, at Page 0245 in the Pamlico County Registry, Bayboro, North Carolina, default having been made in the  payment of the Note thereby secured by the said Deed of Trust, and the undersigned having been substituted as Trustee in the Deed of Trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, and the Holder of the Note evidencing the 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 Bayboro, Pamlico County, North Carolina, on February 13, 2015, at 10:30 a.m. and will sell to the highest bidder for cash the following real estate:

Generally described as certain real property, with any and all improvements thereon, located in Pamlico County, North Carolina, and being more particularly described as follows:

All that certain tract or parcel of land lying and being situate in Number One (1) Township, Pamlico County, being bounded on the west by N.C.S.R. 1101 (Bennett Neck Road), on the north by Branch Gut, on the east by Bairds Creek, and on the south by lands of BoydChapel (Book 66, Page 121, Pamlico County Registry), and by lands of Moore (Book 163, Page 291 Pamlico County Registry), and being more particularly described as follows:

Beginning at a point in the eastern rightofway of N.C.S.R. 1101 (Bennett Neck Road), which point is designated as Point "A" on that "Boundary Survey for Lois W. Blackwell" of record in Plat Cabinet A, at Slide 96, in the office of the Register of Deeds of Pamlico County.  FROM SAID POINT OR PLACE OF BEGINNING RUNNING THENCE the following courses and distances along a Branch, North 68 degrees 18 minutes 00 seconds East 13.23 feet, South 79 degrees 56 minutes 56 seconds East 39.16 feet, North 81 degrees 43 minutes 57 seconds East 22.02 feet, south 72 degrees 50 minutes 22 seconds East 50.55 feet, South 50 degrees 22 minutes 06 seconds East 85.02 feet, South 75 degrees 58 minutes 26 seconds East 45.59 feet, North 83 degrees 10 minutes 14 seconds East 19.42 feet, North 48 degrees 47 minutes 08 seconds East 22.34 feet, North 75 degrees 47 minutes 50 seconds East 70.08 feet, North 69 degrees 48 minutes 50 seconds East 62.73 feet, North 63 degrees 21 minutes 32 seconds East 66.76 feet, South 44 degrees 43 minutes 08 seconds East 12.85 feet, South 80 degrees 53 minutes 30 seconds East 65.67 feet, South 86 degrees 17 minutes 11 seconds East 97.63 feet, South 85 degrees 25 minutes 43 seconds East 22.94 feet, South 87, degrees 27 minutes 37 seconds East 35.25 feet, North 52 degrees 22 minutes 45 seconds East 22.69 feet, South 82 degrees 09 minutes 59 seconds East 76.20 feet, North 82 degrees 22 minutes 25 seconds East 71.93 feet, and South 66 degrees 09 minutes 48 seconds East 27.04 feet to that point designated as Point "B" as shown on the aforereferenced plat, thence from said Point "B" the following courses and distances along a Gut, South 56 degrees 57 minutes 24 seconds East 34.98 feet, South 29 degrees 19 minutes 43 seconds East 64.13 feet, South 12 degrees 51 minutes 05 seconds West 92.13 feet, South 27 degrees 12 minutes 02 seconds East 122.36 feet, South 09 degrees 09 minutes 15 seconds East 54.50 feet, South 32 degrees 49 minutes 06 seconds East 62.12 feet, North 76 degrees 11 minutes 22 seconds East 31.01 feet, South 18 degrees 18 minutes 16 seconds East 63.50 feet, North 84 degrees 59 minutes 28 seconds East 42.74 feet, South 44 degrees 52 minutes 12 seconds East 123.53 feet, South 85 degrees 00 minutes 47 seconds East 39.14 feet, South 30 degrees 46 minutes 23 seconds East 32.74 feet, North 76 degrees 26 minutes 59 seconds East 30.67 feet, South 62 degrees 00 minutes 49 seconds East 42.10 feet, South 25 degrees 08 minutes 44 seconds East 16.53 feet, South 43 degrees 26 minutes 06 seconds East 27.25 feet, South 43 degrees 39 minutes 21 seconds East 65.00 feet, South 75 degrees 50 minutes 38 seconds East 44.85 feet, North 81 degrees 51 minutes 42 seconds East 64.69 feet, South 57 degrees 30 minutes 10 seconds East 53.64 feet, South 49 seconds 41 minutes 16 seconds East 81.80 feet, and South 34 degrees 48 minutes 15 seconds East 44.40 feet to that point designated as Point "C" as shown on the aforereferenced plat, thence from said Point "C" the following courses and distances along Bairds Creek, South 39 degrees 30 minutes 25 seconds East 83.86 feet, South 30 degrees 40 minutes 44 seconds East 67.97 feet, South 17 degrees 55 minutes 51 seconds West 104.10 feet, South 01 degrees 31 minutes 40 seconds West 122.70 feet, South 60 degrees 50 minutes 00 seconds East 92.16 feet, South 46 degrees 16 minutes 25 seconds West 159.46 feet, South 60 degrees 30 minutes 10 seconds West 193.96 feet, South 09 degrees 51 minutes 55 seconds West 215.77 feet, and South 66 degrees 11 minutes 55 seconds West 36.02 feet to Point "D" as shown on the aforereferenced plat, thence leaving Bairds Creek to run North 71 degrees 30 minutes 00 seconds West 1826.85 feet to an iron pin set in the eastern right-of-way line of N.C.S.R. 1101, thence along and with the eastern right-of-way line of N.C.S.R. 1101, North 39 degrees 38 minutes 58 seconds East 460.47feet, thence a curve to the left with radius of 508.80 feet, an arc distance of 347.77 feet, and a chord distance of 341.04 feet, North 26 degrees 06 minutes 10 seconds East to a point, thence North 11 degrees 33 minutes 54 seconds West 311.08 feet to a point, thence North 27 degrees 43 minutes 25 seconds West 54.28 feet to Point A, the Point of Beginning, being 43.65 acres, more or less as shown on that Boundary Survey for Lois W. Blackwell, prepared by Dennis Fornes & Associates and dated May 31, 1996, being recorded in Plat Cabinet A, at Slide 96, in the office of the Register of Deeds of Pamlico County, which plat is specifically incorporated herein by reference for a more perfect description of said tract or parcel of land.

This being the same property which was conveyed to Lois W. Blackwell by deed recorded in Book 173, at Page 473, in the Office of the Register of Deeds of Pamlico County.

Together with all additional rights, title, and interests of Grantor conveyed and described in the Deed of Trust recorded in Book 0349, at Page 0245 in the office of the Register of Deeds of Pamlico County.

LESS AND EXCEPT:  

 

All that certain tract or parcel of land lying and being situate in Number Five (5) Township, Pamlico County, as shown on that "Preliminary Site Plan for William O'Neal White and wife, Marty G. White" dated September 15, 2006, by Dennis A. Fornes, PLS, which is specifically incorporated herein by reference for a more particular description of said tract or parcel of land, which is also described as follows:

 

BEGINNING AT A POINT which is located the following courses and distances from an existing p.k. nail in the centerline of NCSR # 1101 (Bennett Neck Road), North 39 degrees 27 minutes 25 seconds East 520.72 feet, a curve to the left with delta angle 35 degrees 13 minutes 07 seconds, radius of 433.16 feet, arc of 266.25 feet, tangent of 137.48 feet, chord distance of 262.08 feet, chord bearing South 1 degree 40 minutes 37 seconds West 144.75 feet, South 67 degrees 59 minutes 42 seconds East 187.24 feet, South 60 degrees 10 minutes 37 seconds East 102.35 feet, South 48 degrees 35 minutes 17 seconds East 94.41 feet, South 40 degrees 10 minutes 28 seconds East 100.21 feet, South 37 degrees 50 minutes 22 seconds East142.29 feet, South 45 degrees 03 minutes 52 seconds East 92.87 feet, South 55 degrees 26 minutes 21 seconds East 106.81 feet, South 60 degrees 13 minutes 32 seconds East 111.32 feet, and South 63 degrees 49 minutes 00 seconds East 143.02 feet to the point or place of beginning.  FROM SAID POINT OR PLACE OF BEGINNING RUNNING THENCE North 18 degrees 30 minutes 00 seconds East 247.42 feet to a point; thence South 71 degrees 00 minutes 00 seconds East 745.40 feet to a point in Bairds Creek; thence along Bairds Creek South 60 degrees 50 minutes 00 seconds East 92.16 feet to a point, South 46 degrees 16 minutes 25 seconds West 159.46 feet, South 60 degrees 30 minutes 10 seconds West 193.96 feet, South 9 degrees 51 minutes 55 seconds West 215.77 feet, and South 66 degrees 11 minutes 55 seconds West 36.02 feet to a point; thence leaving Bairds Creek to run along the northern property line of the Oaks Subdivision appearing of record in Plat Cabinet A, Slide 121-9, Pamlico County Registry, North 71 degrees 30 minutes 00 seconds West 637.60 feet to a point; thence North 18 degrees 30 minutes 00 seconds East 298.93 feet to the point or place of beginning.

 

BEING ALSO CONVEYED is a fifty (50) foot wide access and utility easement from and to said property to and from NCSR 1101 (Bennett Neck Road), the centerline of said access and utility easement being described as follows:

 

BEGINNING AT A POINT which is located the following courses and distances from an existing p.k. nail in the centerline of NCSR # 1101 (Bennett Neck Road), North 39 degrees 27 minutes 25 seconds East 520.72 feet, a curve to the left with delta angle 35 degrees 13 minutes 07 seconds, radius of 433.16 feet, arc of 266.25 feet, tangent 137.48 feet, chord distance 262.08 feet, chord bearing South 1 degree 40 minutes 37 seconds West 144.75 feet, South 67 degrees 59 minutes 42 seconds East 187.24 feet, South 60 degrees 10 minutes 37 seconds East 102.35 feet, South 48 degrees 35 minutes 17 seconds East 94.41 feet, South 40 degrees 10 minutes 28 seconds East 100.21 feet, South 37 degrees 50 minutes 22 seconds East 142.29 feet, South 45 degrees 03 minutes 52 seconds East 92.87 feet, South 55 degrees 26 minutes 21 seconds East 106.81 feet, South 60 degrees 13 minutes 32 seconds East 111.32 feet, and South 63 degrees 49 minutes 00 seconds East 143.02 feet to the terminus of said access and utility easement.

 

This is a portion of the property described in the Deed of Trust recorded in Book 0349, at Page 0245 in the office of the Register of Deeds of Pamlico County.

 The current property owner is William O'Neal White.

The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record against the said property, unrecorded mechanics' and materialmen's liens, and any recorded releases.

The property to be offered pursuant to this Notice of Foreclosure Sale is being offered for sale, transfer and conveyance "AS IS, WHERE IS, AND WITH ALL FAULTS."  Neither the Substitute 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 Substitute 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.

To the extent not inconsistent with the terms of the Deed of Trust, the Substitute Trustee reserves the right to offer the property for sale as a whole or in such parts or parcels thereof as are separately described in the Deed of Trust, or the Substitute Trustee may offer the property for sale by each method and sell the property by the method which produces the highest price.

A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale.  If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder.  Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds at the time the Substitute Trustee tenders to him a Trustee's Deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he may remain liable on his bid as provided for in N.C. Gen. Stat. §§ 45-21.30(d) and (e).  In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale.

An order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 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.  

In accordance with N.C. Gen. Stat. § 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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 23rd day of January, 2015.

 

Kimberly Elizabeth Lee

Attorney for WASLAW, LLC

WASLAW, LLC

Substitute Trustee

Post Office Box 8088

Greenville, NC  27835-8088

Telephone:  252.215.4000