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Order no: 15479413
Publication: ENC Internet
Start Date: 07/17/2017
Expires: 07/24/2017
AMENDED NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE 16-SP-578 UNDER AND BY VIRTUE OF the power and authority contained in that certain Deed of Trust executed and delivered by RICHARD E. WALKER dated September 3, 2008 and recorded September 4, 2008, in the Office of the Register of Deeds for Onslow County, North Carolina, in Book 3121 at Page 854, and Loan Modification Agreement recorded in Book 3627, at Page 979, securing a Note in the original principal amount of $86,640.00, and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the County Courthouse of Onslow County, in the City of Jacksonville, NC, North Carolina, on July 31, 2017, at 11:00 a.m. O'clock, all that certain parcel of land secured by the above-described Deed of Trust recorded in Book 3121 at Page 854, and Loan Modification Agreement recorded in Book 3627, at Page 979 situated in Onslow County, North Carolina, as more particularly described therein, which legal description is made a part hereof and incorporated herein by reference as if fully set forth herein and briefly described as Lot 28A, Final Plat Section III, Indian Wells at Hunter's Creek, Map Bk 34, Pg 237. Subject to Restrictive and Protective Covenants recorded in Bk1340, Pg 802, and amended in Bk 1347, Pg 953 and Bk1383, Pg 632. ADDRESS SHOWN AS SECURITY ON THE NOTE AND DEED OF TRUST: 2247 Brandymill Lane, Jacksonville, NC 28546. PRESENT RECORD OWNERS as reflected on the records of the Register of Deeds not more than 10 days prior to posting the notice is/are: Richard E. Walker. In the event the property which is the subject of this Notice of Sale is residential real property with less than fifteen (15) rental units, 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 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 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. Should the property be purchased by a third party, that person must pay the tax of forty-five cents per One Hundred Dollars ($100.00) required by NCGS 7A-308 (a)(1), up to a maximum of Five Hundred Dollars ($500.00). The property is being sold "as is and where is" with no representations or warranties of any type or kind being given or to be construed as being given or made; and, no title certification of any type or kind is being made or is to be construed as being made. The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or certified check in the amount of the greater of five percent (5%) of the amount of the bid or seven hundred and fifty dollars ($750.00), whichever is greater. The real property hereinabove described will be sold subject to any unpaid taxes, prior encumbrances, if any, and special assessments. The sale will be held open for ten (10) days for upset bids as by law required and will also be subject to a ten (10) day right of redemption or to the filing of a bankruptcy petition. In the event of an upset bid, redemption or the filing of a bankruptcy petition, or any other reason that the Substitute Trustee deems necessary to redo the sale, the bid deposit will be returned and no other remedies will be assertable. This 14th day of June, 2017. /s/Frances S. White___________________ Frances S. White or Rick D. Lail, either one of whom may act, Substitute Trustee P.O. Box 30081 Charlotte, N.C. 28230.0081 (704) 817-8134 July 17, 24, 2017 (adv)


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