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Order no: 15509569
Publication: ENC Internet
Start Date: 01/14/2020
Expires: 01/21/2020
NORTH CAROLINA LENOIR COUNTY NOTICE OF FORECLOSURE SALE IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 18 SP 181 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM HELEN LOCUST, DATED JULY 30, 2013, RECORDED IN BOOK 1696, PAGE 481, LENOIR COUNTY REGISTRY, AND AS MODIFIED BY THE AFFIDAVIT OF CORRECTION OF TYPOGRAPHICAL OR OTHER MINOR ERROR RECORDED IN BOOK 1724, PAGE 433, LENOIR COUNTY REGISTRY AMENDED Pursuant to an order entered November 13, 2019, in the Superior Court for Lenoir County, and the power of sale contained in the captioned deed of trust (the Deed of Trust), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash, AT THE COURTHOUSE DOOR IN KINSTON, LENOIR COUNTY, NORTH CAROLINA ON JANUARY 22, 2020, AT 1:00 P.M. the real estate and the improvements thereon secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in Lenoir County, North Carolina, and being more particularly described as follows: TRACT 1 - 401 E. HIGHLAND AVE. FIRST TRACT: BEGINNING at a stake in the southern property line of Highland Avenue, which stake is located South 76 deg. 10 min. West 235 feet from the point of junction of the southern property line of Highland Avenue with the western property line of Hyman Avenue, and runs from the beginning point South 13 deg. 50 min. East 150 feet to a stake; thence it runs South 47 deg. 08 min. West 94.5 feet to a stake; thence it runs North 13 deg. 50 min. West 195.7 feet to a stake in the southern property line of Highland Ave.; thence it runs North 76 deg. 10 min. East with the southern property line of Highland Ave. 82.5 feet to the point of beginning. This is Lot No. 32, Block E. Parkview Homes Inc., as graphically depicted on a map thereof made by Joseph N. Farlow, C.E. dated January 9, 1953, and recorded in Map Book 5, page 11. SECOND TRACT: BEGINNING at the intersection of the southern right-of-way of East Highland Avenue and the centerline of Adkin Branch, and running thence along the southern right-of-way of East Highland Avenue, N. 77 deg. 18' 37" E. 195.00 feet to an iron stake at the northwest corner of Lot 32, Block E, of Parkview Subdivision; thence along the western line of Lot 32, S. 12 deg. 41' 23" E. 195.67 feet to an iron pipe at the southwest corner of Lot 32; thence along the northern line of Lot 40, S. 59 deg. 35' 37" W. 127.14 feet to a point in the centerline of Adkin Branch; thence along the centerline of Adkin Branch N. 30 deg. 11' 24" W. 245.73 feet to the point of Beginning, containing 0.797 acre, more or less. TRACT 2 - 106 E. DANIELS STREET BEGINNING at a point located in the northern right-of-way line of East Daniels Street, said point of beginning being located in a northeasterly direction 259.4 feet from the intersection of the northern right-of-way line of East Daniels Street and eastern right-of-way line of North Queen Street and running thence from said point of beginning so located South 76 degrees West 50 feet to a point located in said right-of-way line, thence it runs North 6 degrees 36 minutes 20 seconds East 158.05 feet to a point, thence it runs North 76 degrees 18 minutes 49 seconds East 35.38 feet to a point, thence it runs South 1 degrees 30 minutes 42 seconds West 153.33 feet to the point and place of beginning, and being the same property described in that deed recorded in Book 849, Page 320, Lenoir County Registry. In the Trustees sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes. The record owner of the real property not more than ten days prior to the date hereof is Helen C. Locust. A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed. 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. This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run. The purchaser of the property described above shall pay the Clerks Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following: a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and b. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this 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 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. This 25th day of November, 2019. NCFC SERVICES LLC, Substitute Trustee By: James S. Livermon, Jr., Manager P.O. Box 217 Enfield, NC 27823 Telephone: (252)445-5188 January 14, 21, 2020 (adv)


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