|
|
|
09 SP 601 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, PITT COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Sandra B. Walton, WIFE OF and Linster Lee Walton, Jr. to Lawyers Title Realty Service, Trustee(s), which was dated September 4, 2007 and recorded on September 24, 2007 in Book 2391 at Page 124, Pitt 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, Brock & Scott, PLLC, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Pitt 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 sale on November 30, 2009 at 10:30AM, and will sell to the highest bidder for cash the following described property situated in Pitt County, North Carolina, to wit: ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE CITY OF GREENVILLE, FALKLAND TOWNSHIP, PITT COUNTY, NORTH CAROLINA, AND MORE PARTICULARY DESCRIBED AS FOLLOWS: BEING ALL OF LOT NUMBER 12 OF THAT CERTAIN SUBDIVISION NEAR THE CITY GREENVILLE, PITT COUNTY, NORTH CAROLINA, AND KNOWN AS MACGREGOR DOWNS SUBDIVISION, SECTION ONE, ACCORDING TO A MAP PREPARED BY RIVERS AND ASSOCIATES, INC, WHICH APPEARS OF RECORD IN MAP BOOK 24 AT PAGES 30 AND 31, OF THE PITT COUNTY PUBLIC REGISTRY, AND REFERENCE IS HEREBY MADE TO SAID RECORDED MAP FOR A MORE COMPLETE AND ACCURATE DESCRIPTION OF SAID LOT OF LAND; ALSO BEING THE SAME LOT AS DESCRIBED IN DEED RECORDED IN BOOK J-47 AT PAGE 331; OF THE PITT COUNTY PUBLIC REGISTRY. TAX ID #: 31438 BY FEE SIMPLE DEED FROM JOSEPH PATRICK LACOGNATA AND SHARON LACOGNATA AS SET FORTH IN DEED BOOK 765, PAGE 507 AND RECORDED ON 10/17/1997, PITT COUNTY RECORDS. THE SOURCE DEED AS STATED ABOVE IS THE LAST RECORD OF VESTING FILED FOR THIS PROPERTY. THERE HAVE BEEN NO VESTING CHANGES SINCE THE DATE OF THE ABOVE REFERENCED SOURCE. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 1363 Forest Acres Drive, Greenville, NC 27834. 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 Linster Lee Walton, Jr. and Wife, Sandra B. Walton. 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. 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 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 Brock & Scott, PLLC Jeremy B. Wilkins, NCSB No. 32346 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 09-16802-FC01 November 20 & 27, 2009
|
email this ad
print this ad
|