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Order no: 15488252
Publication: ENC Internet
Start Date: 03/13/2018
Expires: 03/20/2018
NOTICE OF FORECLOSURE SALE NORTH CAROLINA LENOIR COUNTY IN THE GENERAL COURT OF JUSTICE BEFORE THE CLERK 17 SP 137 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY RICKY A. LANIER AND WIFE, KATRINA LANIER DATED April 7, 2005 AND RECORDED IN BOOK 1420, PAGE 869, LENOIR COUNTY REGISTRY, TO NEUSE INCORPORATED, TRUSTEE. Under and by virtue of the power of sale contained in that certain deed of trust executed by RICKY A. LANIER AND WIFE, KATRINA LANIER dated April 7, 2005 to NEUSE INCORPORATED, Trustee for FIRST-CITIZENS BANK & TRUST COMPANY, recorded in Book 1420, Page 869, LENOIR County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of LENOIR County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of LENOIR and State of North Carolina, and more particularly described as follows: BEGINNING at a PK nail set in the centerline of NCSR 1529 (Drew Farmer Road), said PK nail being S. 01-27-18 E. 19.53 feet a PK nail found where the centerlines of NCSR 1529 and NCSR1543 (Fred Everett Road) intersect, and runs thence from said BEGINNING POINT along the centerline of NCSR 1529 S. 01-25-17 E. 269.10 feet to a point, cornering; thence N. 43-50-46 W. 118.01feet to a point; thence N. 86-59-46 W. 100.71 feet to a point; thence N. 86-59-46 W. 287.58 feet to a point; thence N. 86-01-00 W. 570.00 feet to an existing iron pipe; thence N. 86-10-00 W. 22.00 feet to a point in the center of Mirey Marsh Branch, cornering; thence along the centerline of Mirey Marsh Branch N. 14-22-21 E. 113.38 feet to a point, cornering; thence N. 83-59-02 E. 27.88 feet along a ditch; thence N. 70-24-31 E. 696.14 feet along the centerline of a ditch to a point, cornering; thence S. 56-47-03 E. 371.96 feet to a point on the westernmost right of way line of NCSR 1529; thence S. 56-47-03 E. 36.48 feet to the POINT AND PLACE OF BEGINNING, containing 6.33 acres, more or less, including right of way. Being a portion of the Jerry T. Smith property as shown in Deed Book 916, Page 552 and Plat Cabinet 5, Page 148 of the Lenior County Public Registry. PROPERTY ADDRESS/LOCATION: 3830 Drew Farmer Road, La Grange NC 28551 DATE OF SALE: March 21, 2018 TIME OF SALE: 10:30 A.M. LOCATION OF SALE: LENOIR County Courthouse RECORD OWNER(S): Ricky A. Lanier a/k/a Ricky Anthony Lanier and Katrina R. Lanier TERMS OF THE SALE: (1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold "as is". Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving this 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 no more than 90 days, after the sale date contained in this Notice of Foreclosure 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. (6) An order for possession of the property being sold 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. (7) If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee's attorney, or the Substitute Trustee. This the 30th day of January, 2018. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Cara B. Williams, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 Fax: (919)250-2211 *** This communication is from a debt collector. The purpose of this communication is to collect a debt. DMN 17017407 March 13, 20, 2018 (adv)

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