NORTH CAROLINA
WAYNE COUNTY
  Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by MICHAEL T. WHITE, AND GAYNELLE P. WHITE, WIFE to Fidelity National Title Insurance Company of New York, Trustee(s), which was dated July 2, 2003 and recorded on July 23, 2003 in Book 2100 at Page 556, 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, 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 17, 2009 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
The land referred to in this Commitment is in the state; of NC County of Wayne and described as follows:
BEGINNING AT AN IRON STATE (RE-BAR) ON THE NORTHEASTERN EDGE OF NCSR NO. 1949 (RECENTLY PAVED), THAT IS N. 47-00-50.6 W. 1121.59 FEET, AND N. 42-59-32 E., 30.0 FEET FROMAN IRON STAKE IN THE CENTERLINE OF NCSR NO. 1949 AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED RECORDED IN BOOK 1120, AT PAGE 109 IN THE WAYNE COUNTY REGISTRY LOCATED 0.4 MILES MORE OR LESS NORTHWEST OF THE CENTERLINE INTERSECTION OF NCSR NO. 1949 (RECENTLY PAVED) AND NCSR 1950 (UNPAVED), AND RUNS THENCE WITH THE NORTHERN EDGE OF NCSR NO. 1949 N. 47-00-17 W. 395.0 FEET TO AN IRON STAKE IN A WOODS PATH; THENCE PARTIALLY WITH THE PATH N. 39-59-31 S. 419.34 FEET TO AN IRON STAKE (RE-BAR) LOCATED ON THE SOUTHEASTERN SIDE OF THE PATH; THENCE S. 50-00-29 E. 417.52 FEET TO AN IRON STAKE (RE-BAR); THENCE S. 42-59-31 W. 440.64 FEET TO THE POINT OF BEGINNING CONTAINING FOUR (4.0) ACRES MORE OR LESS AND BEING A PART OF THE ABOVE
MENTIONED TRACT RECORDED IN BOOK 1120, PAGE 109.  ALSO CONVEYED IS ANY INTEREST THE PARTY OF THE FIRST PART HAS IN THE RIGHT OF WAY FOR NCSR NO. 1949 SOUTHWEST OF THE CONTINUOUS TO THE FIRST CALL IN THE ABOVE DESCRIPTION.  ALSO CONVEYED IS ANY INTEREST THE PARTY OF THE FIRST PART HAS IN THE EXISTING WOODS PATH LOCATED ON THE NORTHWESTERN EDGE OF THE ABOVE DESCRIBED TRACT.
TAX ID:   #3523-78-0464
  Save and except any releases, deeds of release or prior conveyances of record.
  Said property is commonly known as 325 Sanderson Road, Seven Springs, NC 28578.
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 Michael T. White and wife, Gaynelle P. White.
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 #866
November 8, 15, 2009