NORTH CAROLINA
WAYNE COUNTY
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Douglas C. Raynor and Carolyn J. Raynor to Harold T. Keen, Trustee, for KS Bank, Inc., dated March 18, 2004, and recorded in Book 2182, pages 379-391, Wayne 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, Alan B. Hewett, having been substituted as Trustee in said Deed of Trust by instrument duly recorded in the Office of the Register of Deeds of Wayne 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 at the Wayne County Courthouse, Courthouse Atrium, Goldsboro, North Carolina, at 11:00 A.M., ON THE 17th DAY OF NOVEMBER, 2009, and will sell to the highest bidder for cash the following real estate:
All those certain tracts or parcels of land, lying and being in the City of Goldsboro, Wayne County, North Carolina, and being more particularly described as follows:
BEING all of Lot 99 as shown on plat entitled “Subdivision No. 5 of the property of City of Goldsboro, West Central Redevelopment Area No. 1, Project N. C. R-68 and Revision of Lot Nos. 111 & 115 of Subdivision No. 4 of Property of City of Goldsboro, West Central Redevelopment Area No. 1, Project N.C. R-68,” plat of which is recorded in Plat Cabinet A, Slide 200-AB, in the office of the Register of Deeds of Wayne County. And being one of the lots conveyed to Homecraft Builders and Developers, Inc. by the City of Goldsboro by deed dated November 25, 1989, and recorded in Book 998, page 122 of the Wayne County Registry. And being the identical property conveyed to Helene N. Lewis by Homecraft Builders and Developers, Inc., by deed dated April 13, 1981, and which will be found duly recorded in the Wayne County Registry.
The Substitute Trustee may, in the Substitute Trustee’s sole discretion, delay the sale for up to one hour as provided by NCGS §45-21.23.
Should the property be purchased by a third party, that person must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS §7A-308(a)(1).
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 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. Also, the property is being sold subject to all taxes, special assessments, easements, prior liens or encumbrances of record, restrictions, and any recorded leases.
To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are: Douglas Raynor and wife, Carolyn Raynor.
A cash deposit of five percent (5%) of the purchase price shall be required at the time of the sale. 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 purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes 45-31.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
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 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 Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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.
Residential real estate 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 the termination.
This 11th day of September, 2009.
Alan B. Hewett,
Substitute Trustee
Hewett & Wood, P. A.
P. O. Box 369
Selma, NC 27576
(919) 202-9811
Legal #863
November 4, 11, 2009