Tuesday, November 13, 2012
COMMENCING at an existing PK nail located at the centerline intersection of NCSR 1744 (Indian Springs Road) and NCSR 1742 (Park Road) and runs thence S. 58 deg. 07' 27" E. 3,156.98 feet to an existing iron pipe located on the northern right-of-way line of NCSR 1744, the southwestern most corner of the Teresa C. Peele Thompson property as described in the second lot of Deed Book 1214, Page 438 and the southeastern most corner of the Joseph Ray Barwick property as described in Deed Book 1163, Page 735 Wayne County Registry, said iron pipe being THE POINT OF BEGINNING; thence leaving the northern right-of-way line of NCSR 1744 and running along Thompson's western line and Barwick's eastern line, N. 35 deg. 00' 00" E. 164.47 feet to an existing iron pipe, the northwestern most corner of said Thompson property and the northeastern most corner of said Barwick property, said iron pipe also being the southwestern most corner of the Teresa Casey Thompson property as described in Deed Book 2116, Page 296 and the southeastern most corner of the Joseph R. Barwick and wife, Jean B. Barwick property as described in Deed Book 1239, Page 260, Wayne County Registry'; thence continuing along Thompson's western line and Barwick's eastern line, N. 35 deg. 00' 00" E. 67.05 feet to an existing iron pipe, Barwick's northeastern most corner; thence leaving Barwick's line and continuing along said Thompson line, N. 35 deg. 00' 00" E. 202.45 feet to an existing iron pipe, Thompson's northwestern most corner; thence along Thompson's northern line, S. 55 deg. 00' 00" E. 245.00 feet to an iron pipe set, said iron pipe being located N. 55 deg. 00' 00" W. 36.85 feet from an existing iron pipe, Teresa Casey Thompson's northeastern most corner as described in Deed Book 2116, Page 296, Wayne County Registry' thence from the aforementioned iron pipe set, leaving Thompson's northern line and running, S. 35 deg. 00' 00" W. 433.77 feet to an iron pipe set on the northern right-of-way line of NCSR 1744; thence along said right-of-way line, N. 55 deg. 02' 51" W. 245.00 feet to the point and place of beginning, and containing 2.4403 acres, more or less according to a survey prepared by Benton & Associated Land Surveying and Mapping, PA dated 5/18/06. Being a part of the same land conveyed by deeds recorded in the Wayne County Registry in Book 1214, Page 438 and in Book 2116, Page 296. Together with improvements located thereon; said property being located at 4679 Indian Springs Road, Seven Springs, North Carolina.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs 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 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 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, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashier's check (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.
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.
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 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.
Attorney at Law
Kellam & Pettit, P.A.
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, NC 28311
Case No: 1093405 (FC.FAY)
November 6, 13, 2012