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NOTICE OF FORECLOSURE SALE NORTH CAROLINA, CRAVEN COUNTY

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NOTICE OF FORECLOSURE SALE NORTH CAROLINA, CRAVEN COUNTY 18 SP 6 Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by WILLIAM J. DAMS and Helen L. Dams to Atlas Title Agency of North Carolina, Trustee, for the benefit of Mortgage Electronic Registration Systems Inc. as nominee for New Day Financial, LLC , which was dated December 6, 2011 and recorded on December 16, 2011 in Book 3048 at Page 732, Craven County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 July 20, 2018 at 10:00 AM, and will sell to the highest bidder for cash the following described property situated in Craven County, North Carolina, to wit: ALL THAT PARCEL OF LAND IN CRAVEN COUNTY, STATE OF NORTH CAROLINA, AS MORE FULLY DESCRIBED IN DEED BOOK 758, PAGE 216, ID# 6 216-1 041, BEING KNOWN AND DESIGNATED AS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN NUMBER 6 TOWNSHIP, CRAVEN COUNTY, NORTH CAROLINA, AND MORE PARTICULARY DESCRIBED AS FOLLOWS: THAT CERTAIN LOT NUMBER 41, SECTION 1, WESTBROOKE SUBDIVISION, AS SHOWN ON A MAP ENTITLED "WESTBROOKE," A SUBDIVISION NEAR HAVELOCK, NORTH CAROLINA, WHICH MAP IS RECORDED IN MAP BOOK 10 AT PAGE 38 IN THE OFFICE OF THE REGISTER OF DEEDS OF CRAVEN COUNTY, REFERENCE TO WHICH IS HEREBY GIVEN FOR A FULL AND COMPLETE DESCRIPTION: THE ABOVE DESCRIBED PROPERTY IS MADE EXPRESSLY SUBJECT TO THE RESTRICTIVE COVENANTS AND CONDITIONS ESTABLISHED BY INSTRUMENTS DATED JANUARY 3, 1967, WHICH IS RECORDED IN BOOK 710 AT PAGE 123, IN THE OFFICE OF THE REGISTER OF DEEDS OF CRAVEN COUNTY. BY FEE SIMPLE DEED FROM HAVELOCK DEVELOPMENT CORPORATION, A NORTH CAROLINA CORPORATION AS SET FORTH IN BOOK 758, PAGE 216 DATED AUGUST 26, 1969 AND RECORDED AUGUST 26, 1969, CRAVEN COUNTY RECORDS, STATE OF NORTH CAROLINA. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 217 Stratford Road, Havelock, NC 28532. 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. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. 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 William J. Dams and Helen L. Dams. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. 45-21.29, in favor of the purchaser and against the party or parties 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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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 [N.C. Gen. Stat. 45-21.16(b)(2)]. 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. Cape Fear Trustee Services, LLC Substitute Trustee Attorney J. Martin Page, NCSB No. 43852 Aaron Seagroves, NCSB No. 50979 Phone: 803.509.5078 Fax: 803.753.9841 July 11, 18, 2018 (adv)