NORTH CAROLINA
WAYNE COUNTY
  Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by RUTH O BARNES to TERRY HATCH, Trustee(s), which was dated November 2, 2001 and recorded on November 2, 2001 in Book 1892 at Page 051, 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, Brock & Scott, PLLC or Jennifer Bragg, having been substituted as Trustee in said Deed of Trust by an 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 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 November 10, 2009 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
ALL THAT CERTAIN PARCEL OF LAND IN THE TOWNSHIP OF GOLDSBORO, WAYNE COUNTY, STATE OF NORTH CAROLINA, AS MORE FULLY DESCRIBED IN DEED BOOK 1591, PAGE 804, ID #3600-232747, BEING KNOWN AND DESIGNATED AS LOT 32, PROPERTY OF THE CITY OF GOLDSBORO, NORTH END COMMUNITY REDEVELOPMENT AREA NO. 1, PROJECT NO. HN-37-0040, FILED IN PLAT CABINET G, SLIDE 229
  BEING THE SAME PROPERTY CONVEYED TO RUTH BARNES AND LOUISE BARNES (NOW DECEASED) FROM CITY OF GOLDSBORO BY DEED DATED 04/15/1981 AMD RECORDED 05/6/81 IN BOOK 1007, PAGE 593, WAYNE COUNTY RECORDS, STATE OF NORTH CAROLINA.  THE INTEREST OF THE SAID LOUISE BARNES, DECEASED, D/O/D 09/14/94, HAVING BEEN CONVEYED TO WILLIE BARNES, JR. EULA M HADLEY AND RUTH BARNES, AS EVIDENCED BY ESTATE RFERENCED #97E597, PROBATED 10/16/97. THE SAID RUTH BARNES, EULA M. HADLEY AND WILLIE BARNES, JR. HAVING CONVEYED THEIR INTEREST TO RUTH BARNES BY DEED DATED 05/27/97 AND RECORDED 06/20/97 IN BOOK 1591, PAGE 804,, AND BY QUIT CLAIM DEED FROM LOIS BARNES, WIFE OF WILLIE BARNES,, JR., ET ALS, DEED DATED 01/29/98 AND RECORDED 02/23/98 IN BOOK 1629, PAGE 815.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 209 Shaw Court, Goldsboro, NC 27530.
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 Eula Barnes Hadley and Ellen R. Cannon, Devisees of Ruth O'Neill Barnes aka Ruth O'Neal Barnes.
An Order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court of the county in which the property is sold.  Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 days’ written notice to the landlord.  The notice shall also state that upon termination of a rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit.  Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee.  If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit.  The purchaser will have no further remedy.
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 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.
Substitute Trustee
Brock & Scott, PLLC
Jeremy B. Wilkins,
NCSB No. 32346
5431 Oleander Drive
Suite 200
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
Legal #869
November 1, 8, 2009