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NOTICE OF FORECLOSURE SALE 19 SP 358 Under and by

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NOTICE OF FORECLOSURE SALE 19 SP 358 Under and by virtue of the power of sale contained in a certain Deed of Trust made by CAROL A. CATON to L. Jones, Trustee(s), dated the 15th day of September, 2006, and recorded in Book 2508, Page 40, in Craven 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 Craven 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 NEW BERN, CRAVEN COUNTY, NORTH CAROLINA, OR THE CUSTOMARY LOCATION DESIGNATED FOR FORECLOSURE SALES, AT 10:30 AM ON JANUARY 27, 2020 and will sell to the highest bidder for cash the following real estate situated in the County of Craven, North Carolina, and being more particularly described as follows: All that certain lot or parcel of land situated in the Number Two Township, Craven County, North Carolina and more particularly described as follows: Beginning at a point in the southern right-of-way line of NC Highway 55 said point being located North 72 degrees 45 minutes East 799.1 feet along the centerline of NC Highway 55 from the intersection of NC Highway 55 and SR 1614; thence South 17 degrees 15 minutes East 50 feet to an iron in the southern right-of-way line of NC Highway 55 (the point of beginning); thence North 72 degrees 45 minutes East 64 feet to an iron in the southern right-of-way line of NC Highway 55; thence South 13 degrees 26 minutes East 263.6 feet to an iron; thence North 84 degrees 23 minutes West 145 feet to an old concrete corner; thence North 5 degrees 37 minutes East 224.3 feet to an iron, the point and place of beginning containing 0.57 acres, reference is hereby made to a survey for James L. Caton by Floyd L. Suitt, Jr., R.L.S. dated September 7, 1974 for a more perfect description. Less and except all that property conveyed to Department of Transportation by James Lee Caton and wife, Carl A. Caton, by deed dated 10/03/2000 and recorded 11/22/2000, in Book 1786, Page 971, being further described as: that certain property located in No. 2 Township, Craven County, North Carolina, which is particularly described as follows: Beginning at a point on the proposed southeastern right of way bounded of the project, same is lying on the Grantors Western property line common to Sam L. Whitehurst, now or formerly, said point is lying on a straight line between a point located 30.000 M (98.43 feet) southeasterly of and normal to survey station 37 plus 05.237, survey line L-Rev, and a point located 30.000 M (98.43 feet) southeasterly of and normal to survey station 38 plus 05.237, survey line L-Rev; thence in a northwesterly direction along the aforesaid common property line and property line, if extended, to its point of intersection with the existing centerline of NC 55; thence in a northeasterly direction along the existing centerline of NC 55 to its point of intersection with the Grantors eastern property line, if extended, common to John W. Steen, now or formerly; thence in a southeasterly direction along the aforesaid common property line and property line, if extended, to its point of intersection with the proposed southeastern right of way boundary of the project, said point located on a straight line between a point located 30.000 M (98.43 feet) southeasterly of and normal to survey station 37 plus 05.237, survey line L-Rev and a point located 30.000 M (98.43 feet) southeasterly of and normal to survey station 37 plus 05.237, survey line L-Rev and a point located 30.000 M (98.43 feet) southeasterly of and normal to survey station 38 plus 05.237. survey line L-Rev; thence in a southwesterly direction in a straight line along the proposed southeastern right of way boundary to the point of beginning. Together with improvements located thereon; said property being located at 1400 East NC Highway 55, New Bern, North Carolina. Being the same property conveyed by fee simple deed from Lena S. Caton widowed to James Lee Caton and Carol A. Caton, dated 09/19/1990 recorded 09/19/1990 in Book 1266, Page 46 in Craven County Records, State of NC. 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 prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws. A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. 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. Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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. SUBSTITUTE TRUSTEE SERVICES, INC. SUBSTITUTE TRUSTEE c/o Hutchens Law Firm LLP P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910)864-3068 https://sales.hutchenslawfirm.com Case No: 1282749 (FC.FAY) January 13, 20, 2020 (adv)