Under and by virtue of the power of sale contained In a certain Deed of Trust made by Kimberly McClarin to Investors Title Insurance Company, Trustee(s), dated the 12th day of May, 2003, and recorded in Book 2070, Page 374 of the Wayne County Public Registry, as modified by that certain Loan Modification Agreement recorded in Book 2655, Page 896, in 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, Substitute Trustee Services, Inc. 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 in the City of Goldsboro, Wayne County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on January 8, 2013 and will sell to the highest bidder for cash the following real estate situated in the Township of Indian Springs, in the County of Wayne, North Carolina, and being more particularly described as follows:
Being all of Lot No. 58 as shown on Plat entitled "Final Map, Dove Haven, Indian Springs Township, Wayne County, NC" and recorded in Plat Cabinet L, Slide 91-I of the Wayne County Registry. HUD Serial Nos. NCFL1A67597 & NCFL1B67597. Together with improvements located thereon; said property being located at 104 Oriole Place, Dudley, 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.
SUBSTITUTE TRUSTEE
SERVICES, INC.
SUBSTITUTE TRUSTEE
Attorney at Law
Hutchens, Senter,
Kellam & Pettit, P.A.
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 12497,
Charlotte, NC 28220
6230 Fairview Road,
Suite 315,
Charlotte, NC 28210
https://sales.hsbfirm.com
Case No: 1009024 (FC.CH)
Legal #908
December 27, 2012;
January 3, 2013