Thursday, January 3, 2013
OF FORECLOSURE SALE
12 SP 34
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by JANET M. HARRIS to PRLAP, INC., Trustee(s), which was dated November 21, 2007 and recorded on November 30, 2007 in Book 2580 at Page 877, 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 January 10, 2013 at 12:00PM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
BEING all of Lot No. 23 of Landmark Acres, Section Two, as shown on plat recorded in Plat Cabinet H, at Slide 254 of the Wayne County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 103 Hilton Place Northwest, Pikeville, NC 27863.
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 All Lawful Heirs of Janet M. Harris.
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.
of Carolina, LLC
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
December 27, 2012;
January 3, 2013
File No.: 10-03063-FC02