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Order no: 15493975
Publication: ENC Internet
Start Date: 08/10/2018
Expires: 08/24/2018
NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on September 19, 2005, a certain Note having an original principal amount of $165,000.00, as secured by a Deed of Trust were executed by THEODORE I. GARRIS and Irene B. Garris as Grantor in favor of RBC Centura Bank as Beneficiary and C B Services Corporation as Trustee, and said Deed of Trust was recorded on September 23, 2005 in Book 2358, Page 848 in the Office of the Register of Deeds of Craven County, North Carolina; and WHEREAS, the above Note and Deed of Trust were insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the above Note and Deed of Trust are now owned by the Secretary, pursuant to an Assignment dated October 21, 2016, and recorded on November 9, 2016, in Book 3480, Page 795, in the Office of the Register of Deeds of Craven County, North Carolina; and WHEREAS, the Secretary is the present holder of the Note and Deed of Trust; and WHEREAS, Borrower Irene B. Garris has died and the property is not the principal residence of at least one surviving borrower; and WHEREAS, under Paragraph 7(a)(i) of the above Note and Paragraph 9(a)(i) of the above Deed of Trust, upon death of the Borrower/Grantor, should the property not remain the principal residence of at least one surviving Borrower, the Secretary has the right to demand, and the Secretary has demanded, the immediate payment in full of all outstanding principal and accrued interest; and WHEREAS, a default has occurred under the above terms and conditions of the above Note and Deed of Trust, in that a proper demand has been made for the immediate payment in full of all outstanding principal and accrued interest, which remains unpaid; and WHEREAS, the entire amount delinquent as of August 31, 2018 is $118,769.80; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable; WHEREAS, the Secretary has the right to foreclose upon the secured real property as described in the above Deed of Trust; and NOW THEREFORE, pursuant to powers vested in The Caudle Law Firm, P.A. by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary's designation of The Caudle Law Firm, P.A. as Foreclosure Commissioner, recorded on November 3, 2011 in Book 3038, Page 206, notice is hereby given that on August 31, 2018 at 11:00 AM local time, all real and personal property at or used in connection with the following described premises ("Property") will be sold at public auction to the highest bidder: Being located in the County of Craven, State of North Carolina, and more particularly described as follows: All that certain lot or parcel of land in Number One (1) Township, Craven County, North Carolina, bounded on the east by North Carolina State Road #1478 and on the north, west and south by Theodore I. Garris, and being more particularly described as follows: BEGINNING at a point in the western right-of-way line of N.C.S.R. #1478 which point is located the following calls and distances from the intersection of the centerline of N.C.S.R. #1478 with the property line dividing Lots 13 and 14 of the "ED GALLOWAY DIVISION", a map or plat of which was prepared by Darrel D. Daniels, C.E., dated July 19, 1957 and is recorded in Map Book 6, at Page 98, Craven County Registry (said point of intersection being located 1,035.37 feet measured along the centerline of N.C.S.R. #1478 in a northwardly direction from the centerline of a culvert, the Morris and Jones line): North 06 10' 00" East along the centerline of said road 15.46 feet; thence North 83 51' 19" West 30.32 feet to said point of beginning; thence from said point of beginning North 83 51' 19" West 174.16 feet to an iron pipe; thence North 06 13' 39" East 124.78 feet to another iron; thence South 83 54' 53" East 174.03 feet to a point in the western right-of-way line of N.C.S.R. #1478; thence along and with the western right-of-way line of said road South 06 10' 00" West 124.96 feet to the point and place of beginning. Commonly known as: 345 Butler Ford Road, Vanceboro, NC 28586 The sale will be held at the Craven County Courthouse, North Carolina. The Secretary of Housing and Urban Development will bid $118,769.80. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit totaling $11,876.98 in the form of a certified check or cashier's check made out to the Secretary of HUD. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $11,876.98 must be presented before the bidding is closed. The deposit is non-refundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier's check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier's check, made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier's check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $118,769.80 as of August 31, 2018, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner's attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or cashier's check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Date: July 23, 2018 The Caudle Law Firm, P.A., Foreclosure Commissioner By: David R. Caudle President & Attorney at Law State Bar Number 6075 PO Box 620997 Charlotte, NC 28262 Phone: (704) 342-2330 Fax: (480) 275-3594 August 10, 17, 24, 2018 (adv)

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