Thursday, January 3, 2013
File No. 12-SP-292
Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Frank G. Swindell, Jr., having been substituted as Trustee in said Deed ofTrust by an instrument duly recorded in the office ofthe Register ofDeeds 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 saleon January10, 2013 at10:00 a.m. ,and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina:
TRACT 1 (74.28 acres:
All of that certain parcel of land lying and being situated in the County of Wayne, State ofNC, to-wit:
FIRST TRACT: Thatcertaintractoflandcontaining42.28acres, moreorless, (exclusive of the exception hereinafter described), located in Buck Swamp Township, Wayne County, North Carolina, and bounded, now or formerly by natural boundaries and/or lands owned by and/or in the possession of persons as follows, North by Dennis Swamp, East by Ruby Gurley, South by Paved S.R #1002 (Pikesville-Princeton Road), and West by Raymond Radford, said tract lying approximately 11 miles northwestwardly from the City of Goldsboro, 6 miles West from the To",!} of Pikeville, on Paved S.R #1002 (Pikeville Princeton Road), and being more specifically described as follows:
BEGINNING at a point in the center of Paved Road #1002, Ruby Gurley's corner, and runs thence S. 55 degrees W., along the center ofsaid road, 516.12 feet to Raymond Radford's comer; thence N. 36 degrees W. 671.64 feet to a stake; thence S. 64 degrees 30 minutes W. 180 feet to a stake; thence N. 26 degrees 30 minutes W. 2331 feet to a stake in the run of Dennis Swamp; thence with the run ofsaid swamp to a corner with the Ruby Gurley; thence S. 25 degrees 15 minutes E. 3349.5 feet with Ruby Gurley's line to the point of beginning, containing 53 acres, more or less.Save and except from the above land that portion thereof described as follows:
BEGINNING at a nail in the centerline of NCSR 1002, Raymond Radford's corner, and runs thence with his line N. 33 degrees 12 minutes W. 30.12 feet to an iron stake, Radford's corner; thence continued with his line N. 33 degrees 12 minutes W. 667.97 feet to an iron stake; thence S. 66 degrees 02 minutes 18 seconds W. 95.15 feet to an iron stake; thence N. 23 degrees 56 minutes 40 seconds W. 170.00 feet to a new corner; thence with the new line N. 61 degrees 32 minutes 55 seconds E. 682.16 feet to an iron stake; thence a new line S. 22 degrees 11 minutes 54 seconds E. and parallel with Albert Richardson's line, 800.28 feet to an iron stake, the northern right-of-way of NCSR No. 1002; thence continued S. 22 degrees 11 minutes 54 seconds E. 30.68 feet to the centerline of said road; thence with t.he centerline of said road S. 55 degrees 40 minutes W. 454.75 feet to the beginning, containing 10.72 acres, more or less, and being a part ofthe land described in Book 748, at Page 196, Wayne County Registry.
Tax Map Reference: 08 2663840739, 08 2663 74 6762, 08 2663 63 9213, 08 2663 64 7656, 08 2663 64 2354
Being that parcel of land conveyed to DAVID A. PEELE from WINNIE PEELE, WIDOW by that deed dated 03/04/1970 and recorded 03/17/1970 in deed book 748, at page 196 of the WAYNE County, NC Public Registry.
FIRST. BEGINNING at a stake in Paved Road #1002, a corner with Raymond Radford, and runs thence with the road S. 62 degrees 15 minutes W. 172.3 feet to a corner ofa one acre tract o,""ned by Jesse Hawley, and runs thence with said tract 34 degrees W. 210 feet to a stake; thence S. 62 degrees 15 minutes W. 208 feet to a stake, thence N. 34 degrees W. about 1185 feet with Floyd Baker's line to a new comer, thence N. 62 degrees 49 minutes E. 380 feet to a stake in the line of David Peele at the edge ofthe woods, thence N. 26 degrees 30 minutes W. 988 feet to a stake; thence N. 23 degrees E. 482.1 feet to a stake in the old line; thence with said line S. 27 degrees 30 minutes E. 544.9 feet to an iron stake; thence S. 62 degrees 30 minutes W. 215 feet to an iron stake; thence S. 27 degrees 30 minutes E. 2127 feet to the point of beginning, containing 19.7 acres, more or less.
Saving and excepting that property conveyed by deed recorded 04/14/1987 in Book 1162, at Page 685.
Tax Map Reference: 082663840739,082663746762,082663639213,08 2663 64 7656, 08 2663 64 2354
Being that parcel of land conveyed to DAVID A. PEELE from WINNIE PEELE, WIDOW by that deed dated 03/04/1970 and recorded 03/17/1970 in deed book 748, at page 196 ofthe WAYNE County, NC Public Registry.
Being that parcel ofland conveyed to DAVID AARON PEELE from OLAND FRANKLIN PEELE AND WIFE, JEAN PEELE by that deed dated 08/08/1972 and recorded 08/08/1972in deed book 809, at page 814 ofthe WAYNE County, NC Public Registry.
SECOND. BEGINNING at acorner in the old line H. Aaron Peele's corner and runs thence "With the old line N. 34 degrees W. 276.1 feet to the run of Dennis Swamp, thence "With the run of Dennis Swamp to a corner, thence "Withthe oldline S. 27 degrees 30 minutes E. 500 feet to a newcorner; thence "With the line of H. Aaron Peele S. 23 degrees W. 482.1 feet to a corner; thence S. 26 degrees 30 minutes E. 988 feet to a corner; thence S. 62 degrees 49 minutes W. about 380 feet to the beginning, containing 15.3 acres, more or less, and being the property conveyed to David A. Peele by Ora Belle Peele Sasser and husband, Reuben P. Sasser, by deed dated November 21,1966, which "Wil lbe found duly recorded in the Wayne County Registry in Book 677, Page 288, to which reference is hereby made.
Tax Map Reference: 082663840739, 08 2663 746762, 082663 63 9213, 08 2663 64 7656, 08 2663 64 2354
Being that parcel of land conveyed to DAVID AARON PEELE from ORA BELLE PEELE SASSERAND HUSBAND, REUBEN P. SASSER by that deed dated 11/21/1966 and recorded 11/21/1966 in deed book 677, at page 288 of the WAYNE County, NC Public Registry.
TRACT 2: 13.25 Acres
BEGINNING at a stake, formerly corner of Bill Pope and Walter Jackson (now Radford's corner); thence N. 25 degrees 30 minutes W. 2497 feet to Dennis Swamp; thence along said Swamp N. 60 degrees 45 minutes E. 248 feet to a stake, corner of Walter Jackson (now Raymond Radford); thence "With Jackson's former line (now Radford's line) S. 25 degrees 30 minutes E. 2469 feet to a stake; thence S. 64 degrees 30 minutes W. 228 feet to the beginning, containing 13.5 acres, more or less.
Save and except any release or deeds of release of record.
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 N.C.G.S. 7A-308(a)(1). A cash deposit (no personal checks) offive percent (5%) ofthe purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, "Will be required at the time of the sale. Follo"Wing the expiration ofthe statutory upset bid period, all the remaining amounts are immediately due and o"Wing.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer an conveyance AS IS WHERE IS"..There are no representations ofwarranty relating to the title or any physical, environmental, health of safety conditions existing in, on, at, or relating to the property being offered for sale. This sale ismade subject to all prior liens, unpaid taxes, special assessments, easements, rights ofway, deeds ofrelease, 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 DAVID A. PEELE.
If the trustee is unable to convey title to this property for any reason, the sole remedy ofthe purchaseristhereturnofthedeposit. Reasons of such inability to convey include,butnot limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement ofthe loan without the knowledge ofthe trustee. Ifthe validity ofthe sale is challengedby any party, the trustee, in their sole discretion, ifthey believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
Additional Notice Where the Real Property is Residential With Less than 15 Rental Units:
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.
Any person who occupies the property pursuant to a bona fide lease or tenancy may have additional rights pursuant to Title VII of 5.896 - Protecting Tenants at Foreclosure Act which became effective on May 20, 2009.
This 1st day of December ,2012.
Frank G. Swindell, Jr.
Post Office Box 6373
Kinston, NC 28501
Tel: (252) 527-1711
December 27, 2012;
January 3, 2013