Tuesday, November 13, 2012
NOTICE OF
FORECLOSURE SALE
12 SP 468
NORTH CAROLINAFORECLOSURE SALE
12 SP 468
WAYNE COUNTY
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Brandon N. Stevens a/k/a Brandon Stevens to First American Title, Trustee(s), which was dated April 22, 2009 and recorded on April 28, 2009 in Book 2698 at Page 163, Wayne 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 November 27, 2012 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
Beginning at a nail in the center of NCSR No. 1236 at the point where the center of said road intersects the center of a ditch which crosses said road, S.S. Smith's corner, and runs thence along the center of said road South 67 degrees 22' East 126.67 feet to a nail in the center of said road, which nail is located North 67 degrees 22' West 777.83 feet from the point of intersection of the said NCSR No. 1236 and the center of NC Highway No. 581; thence South 22 degrees 38' West 30 feet to an iron stake in the southern boundary of NCSR No. 1236; thence continuing South 22 degrees 38' West, and along the Helen P. Edmundson line, 137.06 feet to an iron stake; thence North 67 degrees 22' West along another line of Helen P. Edmundson line, 137.06 feet to an iron stake; thence North 67 degrees 22' West, along another line of Helen P. Edmundson, 145.49 feet to a point in the middle of a ditch; thence along the center of said ditch North 30 degrees 26' East 68.02 feet to a point; thence continuing along the center of said ditch North 28 degrees 08' East 100.13 feet to a nail in the center of said NCSR No. 1236 where the center of said ditch intersects the center of said road, the point of beginning, and being described herein according to a survey and plat thereof made by Bobby Rex Kornegay, Registered Surveyor, dated December 9, 1970. And being the identical property conveyed to Ricky Steve Parrish and wife, Renee Neal Parrish by Larry E. King and wife, Willa E. King by deed dated November 25, 1991 and recorded in Book 1312, Page 174 of the Wayne County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 855 Rosewood Road, 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 Brandon Nell Stevens.
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.: 12-12750-FC01
Legal #813
November 13, 20, 2012
