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Order no: 15493939
Publication: ENC Internet
Start Date: 08/09/2018
Expires: 08/16/2018
NOTICE OF FORECLOSURE SALE 18 SP 236 Under and by virtue of the authority contained in a certain Deed of Trust dated October 18, 2012, securing a Note and indebtedness of $38,948.28, which was executed by BRYAN J. BAKER, and which is recorded in Book 3137, at Page 658, Craven County Registry, the undersigned having been appointed Substitute Trustee by instrument recorded in said Registry, default having occurred in the payment of the Note secured by said Deed of Trust, and at the request of the holder of said Note, the undersigned Substitute Trustee, in accordance with the provisions of said Deed of Trust, will offer for sale at the usual place of sale at the Craven County Courthouse to the highest bidder for cash at 11:00 o'clock a.m. on the 23rd day of August, 2018, in New Bern, Craven County, North Carolina, all of the debtor's right, title and interest in the real property known as 5002 NC Highway 55 W (aka 101 Turkey Quarter Creek Road), Cove City, NC, 28523, which is more particularly described as follows: EXHIBIT "A" All that certain parcel of land situate in Number Nine (#9) Township, Craven County, North Carolina. BEING all that property described in Book 3137, Page 658 of the Craven County Registry. Containing 1.243 acres according to a plat entitled "Survey for Kirby Wetherington, Gale D. and W. Don Cox Property" prepared by G. Jerome Norman on July 2, 1993, reference which is hereby made. This conveyance is made subject to easements and liens of record, Craven County Registry. Together with all privileges and appurtenances thereunto belonging. Together with a 2006 CLAY, VIN # OHC017720NC Manufactured Home and any additional accessories and furnishings listed in the Consumer Loan Note, Security Agreement and Disclosure Statement (The "Security Agreement") Dated October 18, 2012 executed by Bryan J. Baker. Said personal property will be sold pursuant to the terms and conditions of the loan documents, including said Security Agreement, and all modifications, renewals and extensions thereto. The present title holder of said personal property is: Bryan Jeffery Baker. The record owner of said real property as of a date not more than ten (10) days prior to the posting of this notice is: Bryan J. Baker. Trustee, or Trustee's agent conducting the sale, may begin the sale up to one hour after the time fixed herein as provided in NCGS 45-21.23. An order for possession of the property may be issued pursuant to NCGS 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 tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice of termination 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. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy. If you are a tenant and have any questions about your legal rights, please consult an attorney. Said property will be sold subject to taxes, including all transfer taxes associated with the foreclosure, assessments, and any superior easements, rights of way, restrictions of record, liens, or other encumbrances prior to the lien of the deed of trust being foreclosed, said sale to remain open for increased bids for ten (10) days after report thereof to the Clerk of Superior Court. In the event the debtor files a bankruptcy petition prior to the expiration of the 10-day period required by G.S. 45-21.27, an automatic stay of the foreclosure will be imposed in accordance with the Bankruptcy Code (11 U.S.C. 362) and the bidder must pursue relief through the bankruptcy court. The Substitute Trustee may require the high bidder to deposit cash at the sale in an amount equal to the greater of five percent (5%) of the amount of the bid or $750.00. If no upset bid is filed, the balance of the purchase price, less deposit, must be made in cash upon tender of the deed. Third party purchasers at sale must pay the tax of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) as required by NCGS 7A-308(a)(1). Lisa W. Powell Substitute Trustee P.O. Box 1550 High Point, NC 27261 (336) 889-8733 August 9, 16, 2018 (adv)

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