Thursday, January 3, 2013
OF REAL ESTATE
IN THE GENERAL COURT OF JUSTICEPRIVATE
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF THE DEED OF TRUST OF BENJAMIN JERRY HOLCOMBE, JR. and
KIMBERLY W. HOLCOMBE,
MARK T. ADERHOLD, ESQUIRE Substitute Trustee,
AS RECORDED IN BOOK 1602
AT PAGE 211 OF THE WAYNE PUBLIC REGISTRY.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by BENJAMIN JERRY HOLCOMBE, JR. and KIMBERLY W. HOLCOMBE, dated August 28, 1997, and recorded in the Office of the Register of Deeds in Book 1602 at Page 211, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court entered in this foreclosure proceeding, the undersigned, MARK T. ADERHOLD, Substitute Trustee, will expose for sale at public auction on the 10th day of January, 2013 at 2:30 PM at the door of the Wayne County Courthouse, Goldsboro, North Carolina, the real property described as follows (iincluding permanent structures, if any, and any other improvements attached to the real property including any mobile home or manufactured home, whether single wide or double wide, located thereon):
BEING Lot No. 16 of Eagle Ridge Subdivision, Section One as shown on a map recorded in Plat Cabinet I, Slide 387 of the Wayne County Registry. And being the same lot or parcel of land conveyed to Benjamin Jerry Holcombe, Jr. and wife, Kimberly W. Holcombe, by deed dated August 28, 1997 and duly recorded in the Wayne County Registry.
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above described real property as reflected on the records of the Wayne County Register of Deeds not more than ten (10) days prior to the posting of this Notice is BENJAMIN JERRY HOLCOMBE, JR. and KIMBELY W. HOLCOMBE.
Pursuant to North Carolina General Statutes Section 45-21.10, and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5.0%) of the amount of the bid or seven hundred fifty dollars ($750.00). Any successful bidder shall be required to tender the full balance 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 Sections 45-21.30(d) and (e). In the event the property owner(s) file a bankruptcy petition prior to the expiration of the 10-day upset bid period, an automatic stay of the foreclosure sale will be imposed in accordance with the Bankruptcy Code (11 U.S.C. 362) and the bidder must pursue relief through the bankruptcy court. Should the property be purchased by a third party, that party must pay the tax of Forty-five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. 7A-308(a)(1). Please be advised that the Clerk of Superior Court may issue an order for possession of the property pursuant to N.C.G.S. 45-21.29 in favor of the purchaser and against the party or parties in possession. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this notice of sale, terminate the rental agreement upon 10 days' written notice to the landlord. Upon termination of such rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
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 promissory note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the promissory 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.
This sale will be held open ten (10) days for upset bids as required by law.
This the 13th day of December, 2012.
MARK T. ADERHOLD,
2596 Reynolda Road,
Winston-Salem, NC 27106
Legal #909December 27, 2012;
January 3, 2012