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Order no: 15493965
Publication: ENC Internet
Start Date: 08/09/2018
Expires: 08/16/2018
NOTICE OF FORECLOSURE SALE 18 SP 222 Under and by virtue of the power of sale contained in a certain Deed of Trust made by JOHN R. MOGELNICKI and Linda M. Mogelnicki to Law Avania at Ballantyne Village, Trustee(s), dated the 17th day of September, 2010, and recorded in Book 3476, Page 574, and Modification in Book 4268, Page 122, in Onslow 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 Onslow 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 Jacksonville, Onslow County, North Carolina, or the customary location designated for foreclosure sales, at 10:00 AM on August 23, 2018 and will sell to the highest bidder for cash the following real estate situated in the County of Onslow, North Carolina, and being more particularly described as follows: For informational purposes only: 3850 Freedom Way, Hubert, NC 28539. Tract 1: Being all of that certain lot or land or parcel of land lying and being on the Southern side of North Carolina Highway #24 approximately 3 miles East of Hubert, N.C. and 4 miles west of Swansboro, N.C. and beginning at an iron stake in the southern right of way line of North Carolina Highway #24, which iron stake is located 39 feet South 29 degrees 20 minutes East from a tack driven in the Southern Edge of the Paved surface of North Carolina Highway #24 and which tack is located 2574.4 feet about South 60 degrees 00 minutes East from the center of the Hugh Kirkman road; and running thence from said iron stake along and with the Southern right of way line of North Carolina Highway #24 South 60 degrees 00 minutes East 100 feet to an iron stake; thence South 30 degrees 00 minutes West 210 feet to an iron stake; thence North 60 degrees 55 minutes West 98.43 feet to an iron stake; thence North 29 degrees 30 minutes West 210.30 feet to the beginning, containing 20,834 square feet. Tract 2: Beginning at an iron stake standing at the southwest corner of the property of John and Linda Mogelnicki, said iron stake being located South 30 degrees 55 minutes West 249.3 feet from a tack in the southwestern edge of the asphalt pavement which is located 2574.4 feet from the corner of the Hugh Kirkman Road which measured along the margin of the pavement in a southeasterly direction; running thence from said iron stake and with the present Mogelnicki line South 58 degrees 30 minutes east 98.43. feet to an iron stake; thence south 31 degrees 30 minutes west 225 feet to an iron stake at the northern edge of a 20-foot easement; thence with said easement north 60 degrees 30 minutes west 95.5 feet to an iron stake; thence north 30 degrees 55 minutes east 226 feet to the beginning and containing 21,851 square feet according to survey of Roscoe Sandlin, Registered Surveyor, dated May 18, 1971. Together with improvements located thereon; said property being located at 3850 Freedom Way, Hubert, North Carolina. Being the Identical property as conveyed to John R. Mogelnicki and wife, Linda M. Mogelnicki on 6/26/1987, in Book 839 Page 266 in the Onslow County Public Registry. PIN: 018144 3850 Freedom Way Hubert NC 28539 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 P.O. Box 1028 4317 Ramsey Street Fayetteville, North Carolina 28311 Phone No: (910) 864-3068 https://sales.hutchenslawfirm.com Case No: 1237385 (F.C. FAY) August 9, 16, 2018 (adv)


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