Tuesday, March 19, 2013
12 SP 611
Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Charlotte Frances Dawkins to Anthony H. Barone, Trustee(s), which was dated June 17, 2002 and recorded on June 20, 2002 in Book 1954 at Page 542, 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 March 26, 2013 at 11:30AM, and will sell to the highest bidder for cash the following described property situated in Wayne County, North Carolina, to wit:
First Tract: Beginning at a stake at the crook in the run of Spring Branch, corner of Lot 2-A and runs S. 17 W. 573 feet to an oak, a corner of Lot L-A; thence S. 73 E. 330 feet to a small oak; thence N. 20 E. 99 feet to a stake; thence S. 58 E. 1033 feet to a pine at the corner of a field, a corner of Lot 7; thence with said Lot 7 N. 27 E. 182 feet to a stake; thence N. 58 W. 419 feet to a stake the center of the Loop Road from Eureka; thence No. 46 W. 923 feet to a stake, a corner of Lot 7 on the run of Spring Branch; thence with said run W. 160 feet to the beginning, containing 9 acres more or less. Being Lot 9 in the Phoebe Becton Division.
Second Tract: Beginning at a stake, the center of the Loop Road from Eureka, a corner of Lot 8-A and runs S. 51 E. 490 feet to a pine stump; thence S. 86 E. 210 feet to a stake, a corner of Lot 6-B; thence said Lot No. 19 E. 395 feet to an oak; thence N. 71 W. 686 feet to the center of said road; thence with said road 522 W. 275 feet to the beginning, containing 6 acres, more or less. Being Lot 9-A in the Phoebe Becton Division.
Third Tract: Beginning at a stake, a corner of Lots 7, 8 and 9 in the center of the Loop Road from Eureka and runs with the road N. 22 E. 560 feet to a stake in the margin line; thence with said line N. 52 W. 453 feet to a large gum; thence S. 83 1/2 W. 167 feet to a Triplet gum; thence S. 62 W. 363 feet to a stake on the run of Spring Branch; thence S. 46 E. 923 feet to the beginning, containing 7-5/8 acres, more or less. Being Lot 8 in the Phoebe Becton Division.
Fourth Tract: Beginning at a stake in the center or the Loop Road from Eureka and runs with the road N. 22 E. 275 feet to a stake in the northern boundary line; thence with said line N. 71 W. 1780 feet to an oak; thence S. 62 E. 1680 feet to a stake; thence S. 51 E. 104 feet to the beginning, containing 6-1/3 acres, more or less. Being Lot 8-A in the Phoebe Becton Division.
Less and except from the above four tracts the following:
That particular property conveyed to High Coley in deed dated September 13, 1989, which legal description is found in Book 1242, Page 552 in the Wayne County Registry.
That particular property conveyed to Fred D. Joyner in deed dated December 22, 1977, which legal description is found recorded in Book 929, Page 516 in the Wayne County Registry.
That particular property conveyed to Charles E. Pender and wife, Mary B. Pender in deed dated June 13, 1979, which legal description is found in Book 968, Page 175, in the Wayne County Registry.
That particular property conveyed to Martinenas Devol Warren by deed dated May 4, 1987, which legal description is found recorded in Book 1165, Page 70, in the Wayne County Registry.
That particular property conveyed to Estelle B. Joyner by deed dated December 4, 1974, which legal description is found recorded in Book 929, Page 516 in the Wayne County Registry.
That particular property conveyed to Robert Becton by deed dated March 16, 1977, which legal description is found recorded in Book 910, Page 41 in the Wayne County Registry.
That particular property conveyed to Robert Lee Becton by deed dated January 12, 1979, which legal description is found recorded in Book 957, Page 336 in the Wayne County Registry.
Save and except any releases, deeds of release or prior conveyances of record.
Said property is commonly known as 593 Davis Street Extension and 580 Davis Street Extension and 464 Davis Street Extension, and 466 Davis Street Extension and 0.13 Acre Lot Across from 466 Davis Street Extension, Fremont, NC 27830.
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 Charlotte Frances Dawkins.
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.
Trustee Services of
Brock & Scott, PLLC
Attorneys for Trustee
Services of Carolina, LLC
5431 Oleander Drive
Wilmington, NC 28403
PHONE: (910) 392-4988
FAX: (910) 392-8587
File No.: 12-17631-FC01
March 12, 19, 2012