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Order no: 15500293
Publication: ENC Internet
Start Date: 03/14/2019
Expires: 03/21/2019
NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE UNDER AND BY VIRTUE OF the power and authority contained in that certain Deed of Trust executed and delivered by RHONDA J. MOBLEY, unmarried, dated the 15th day of March, 2004, and recorded in the Office of the Register of Deeds for Onslow County, North Carolina, in Book 2211 at Page 909 and re-recorded in Book 2256 at Page 530 and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and, pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the COUNTY COURTHOUSE OF ONSLOW COUNTY, IN THE CITY OF JACKSONVILLE, NORTH CAROLINA, AT 11:00 AM ON THE 28TH DAY OF MARCH, 2019, all that certain parcel of land, more particularly described as follows: IMPROVEMENTS: House and lot/Condominium/or Lot LEGAL DESCRIPTION: BEING all of Lot 32, Phase III, Foxlair Subdivision, as will appear of record in Map Book 44, Page 141, Slide K-1808 in the Onslow County Registry. SUBJECT to Restrictive Covenants recorded in Book 2144, Page 684 in the Onslow County Registry. ADDITIONAL POSSIBLE STREET ADDRESS FOR REFERENCE PURPOSES ONLY: 103 Byrum Run, Hubert, NC 28539 Notice & Disclaimer: The listed street address may be incorrect and is stated hereby for informational and reference purposes only. The Substitute Trustee makes no certifications or warranties that said street address is accurate or correct. It is each potential bidder's duty to determine with his/her own title examination that said street address is correct and matches the above legal description. The above legal description describes the property being sold and shall be controlling. PRESENT RECORD OWNERS as reflected on the records of the Register of Deeds not more than 10 days prior to posting the notice are Rhonda J. Mobley and Spouse, if any. Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS 45-21.23. In the event that this sale is one of residential real property with less than 15 rental units, 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 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 sale, terminate the rental agreement upon 10 days' written notice to the landlord, 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, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination. Should the property be purchased by a third party, that person must pay the tax of forty-five (45) cents per One Hundred Dollars ($100.00) required by NCGS 7A-308 (a)(1). This sale is also subject to any applicable county and/or state land transfer and/or revenue tax, and the successful third party bidder shall be required to make payment for such tax. 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 Instrument, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either Trustee of 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 is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, encumbrances of record, including prior Deeds of Trust. The Substitute Trustee reserves the right to require a cash deposit or certified check made payable to the Substitute Trustee (no personal checks) for five percent (5%) of the purchase price or seven hundred fifty dollars ($750.00), whichever is greater, at the time of the sale. The sale will be held open for ten (10) days for upset bids as by law required. Following the expiration of the statutory upset bid period, all remaining amounts are due immediately. 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 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 declare the sale to be void and return the deposit. The purchaser will have no further remedy. This the 7th day of March, 2019. The Caudle Law Firm, P.A., Substitute Trustee By: David R. Caudle President & Attorney at Law State Bar Number 6075 PO Box 620997 Charlotte, NC 28262 http://www.caudlelawfirm.com 19-SP-131 March 14, 21, 2019 (adv)


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