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Order no: 15493983
Publication: ENC Internet
Start Date: 08/10/2018
Expires: 08/17/2018
NOTICE OF SALE IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION LENOIR COUNTY 17SP11 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ANNIE P. WHITEHEAD DATED NOVEMBER 21, 2008 AND RECORDED IN BOOK 1563 AT PAGE 160 IN THE LENOIR COUNTY PUBLIC REGISTRY, NORTH CAROLINA Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00PM on August 24, 2018 the following described real estate and any other improvements which may be situated thereon, in Lenoir County, North Carolina, and being more particularly described as follows: THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN THE CITY OF KINGSTON, LENOIR COUNTY, NORTH CAROLINA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE ON THE SOUTHERNLY SIDE OF FRANCES PLACE, IN THE DIVIDING LINE OF LOTS 21 AND 22 IN BLOCK C OF THE SECOND SECTION OF EASTOVER, A PLAT OF WHICH IS RECORDED IN PLAT BOOK 3, AT PAGE 91 IN THE OFFICE OF THE REGISTER IF DEEDS OF LENOIR COUNTY, NORTH CAROLINA; THENCE WITH THE FRONT LINE OF LOT 21, ALONG THE SOUTHERLY SIDE OF FRANCES 64 FEET TO A STAKE IN THE DIVIDING LINE BETWEEN LOTS 21 AND 20, WITH THE SOUTHERLY EDGE OF FRANCES PLACE 30.4 FEET; THENCE WITH A NEW LINE THROUGH LOT 20 TO A POINT IN THE REAR LINE OF LOT 20, THE SAID POINT IN THE REAR LINE OF LOT 20 , THE SAID POINT IN THE REAR LINE OF LOT 20 BEING 45.1 FEET MEASURED ALONG THE REAR OF THE SAID LOT 20 FROM THE STAKE LOCATED IN THE DIVIDING LINE BETWEEN LOTS 20 AND 21 IN THE REAR OF THE SAID LOTS; THENCE ALONG THE REAR LINE OF LOT 20, 45.1 FEET TO THE STAKE IN THE DIVIDING LINE OF THE SAID LOT 20 AND LOT 21; THENCE ALONG THE REAR OF LOT 21, 82.7 FEET TO A STAKE IN THE DIVIDING LINE BETWEEN LOTS 21 AND 22; THENCE WITH THE DIVIDING LINE BETWEEN LOTS 21 AND 22, 170.8 FEET TO THE STAKE IN THE EDGE OF FRANCES PLACE, THE POINT OF BEGINNING. BEING ALL OS LOT 21 AND THE ADJOINING HALF OF LOT 20 IN BLOCK C OF THE SECOND SECTION OF EASTOVER, AS IS SHOWN ON THE PLAT HEREINABOVE REFERRED TO. And Being more commonly known as: 307 Frances Pl, Kinston, NC 28501 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Unknown Heirs of Annie Whitehead. 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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, the Substitute Trustee or the attorney of any of the foregoing. SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon written notice 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 notice of termination is provided. You may be liable for rent due under the agreement prorated to the effective date of the termination. The date of this Notice is July 19, 2018. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Pkwy, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/ 16-087594 August 10, 17, 2018 (adv)


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