WILSON’S LOCAL PRINT AND DIGITAL COMMUNITY INSTITUTION SINCE 1896

IN THE GENERAL COURT OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION WILSON COUNTY 18SP198 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JAMES C. TAYLOR DATED NOVEMBER 19, 2007 AND RECORDED IN BOOK 2286 AT PAGE 74 IN THE WILSON COUNTY PUBLIC REGISTRY, NORTH CAROLINA NOTICE OF SALE 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 11:00AM on February 22, 2019 the following described real estate and any other improvements which may be situated thereon, in Wilson County, North Carolina, and being more particularly described as follows: LYING and being situate in Wilson County, North Carolina, and more particularly described as follows: TRACT ONE: BEGINNING at a point in the Northerly property line of Imperial Avenue which point is located a distance of 1111.34 feet measured along said Northerly property line of Imperial Avenue in an Easterly direction from the point of intersection of the Northerly property line of Imperial Avenue with the Easterly right-of-way line of U.S. Highway 0264 and from said point of beginning runs thence N. 30 deg. West 250 feet to a point; corners and runs thence N. 60 deg. East 100 feet to a point; corners and runs thence 5. 30 deg. East 250 feet to a point in the Northerly property line of Imperial Avenue, corners and runs thence with the Northerly property line of Imperial Avenue S. 60 deg. West 100 feet to the point of beginning, it being the Easterly 50 feet of Lot No. 11 and the Westerly 50 feet of Lot No. 12 of a plat entitled "Imperial Estates" recorded in Plat Book 9, Page 53, Wilson County Registry, and further being a portion of the property conveyed to U, E. Malpass and wife, Doris P. Malpass, by deed of Louis U, Latham .and wife, Catherine T. Latham, dated May 17, 1955 and recorded in Book 916, Page 303, Wilson County Registry. Being the very same property conveyed in deed dated December 14, 1966 by W. E. Malpass and wife, Doris P. Malpass to Kenny A. Sherrod and wife, Eloise N. Sherrod and recorded in Book 989, Page 465, Wilson County Registry. TRACT TWO: BEGINNING at a point1in the Northerly property line of Imperial Avenue which point is located a distance of 1081.34 feet measured along the Northerly property line of Imperial Avenue in an Easterly direction from the point of intersection of the Northerly property line of Imperial Avenue with the Easterly right-of-way line of U.S. Highway 11264 and from said point of beginning runs thence N. 30 deg. West 250 feet to a point; corners and runs thence N. 60 deg. East 30 feet to a point; corners and runs thence S. 30 deg. East 250 feet to a point in the Northerly property line of Imperial Avenue; corners and runs thence with the Northerly property line of Imperial Avenue S. 60 deg. West 30 feet to the' point of beginning, it being the Westerly 30 feet of Lot No. 11 upon a plat entitled "Imperial Estates", recorded in Plat Book 9, Page 53, Wilson County Registry, and further being a portion of the property conveyed to W. E. Malpass and wife, Doris P. Malpass, by deed of Louis U. Latham and wife Catherine T. Latham, dated May 17, 1965 and recorded in Book 916, Page 303. Wilson County Registry. Being the very same property conveyed in deed dated January 10, 1967 by W. E. Malpass and wife, Doris P. Malpass to Kenny A. Sherrod. and wife, Eloise N. Sherrod and recorded in Book 989, Page 469, Wilson County Registry. And Being more commonly known as: 2223 Imperial Ave East, Wilson, NC 27893 The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are The Estate of James C. Taylor. 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 February 1, 2019. Grady I. Ingle or Elizabeth B. Ells Substitute Trustee 10130 Perimeter Parkway, Suite 400 Charlotte, NC 28216 (704) 333-8107 http://shapiroattorneys.com/nc/

Posted 12/31/1969