WILSON’S LOCAL PRINT AND DIGITAL COMMUNITY INSTITUTION SINCE 1896

NOTICE OF SUBSTITUTE TRUSTEE'S SALE OF REAL ESTATE UNDER AND BY VIRTUE OF the power and authority contained in …

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 Howard Smith and Monica Smith dated September 11, 2006 and recorded September 19, 2006, in the Office of the Register of Deeds for Wilson County, North Carolina, in Book 2201 at Page 780, securing a Note in the original principal amount of $69,760.00 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 Wilson County, in the City of Wilson, North Carolina, on July 23, 2019 at 11:00 a.m. O’clock, all that certain parcel of land secured by the above-described Deed of Trust recorded in Book 2201 at Page 780, situated in Wilson County, North Carolina, as more particularly described therein, which legal description is made a part hereof and incorporated herein by reference as if fully set forth herein and briefly described as Lot 7, Block B, Plat Entitled “Property Disposal Map, MC, R-30, Warren Street Urban Renewal, Redevelopment Commission, City of Wilson, Wilson County North Carolina,” Plat Book 11, Pages 41-43, APN # 3712920050. ADDRESS SHOWN AS SECURITY ON THE NOTE AND DEED OF TRUST: 705 Bruton Circle W., Wilson, NC 27893. PRESENT RECORD OWNERS as reflected on the records of the Register of Deeds not more than 10 days prior to posting the notice is/are: Howard Smith and Monica N. Smith. In the event the property which is the subject of this Notice of Sale is residential real property with less than fifteen (15) rental units, an order for possession of the property may be issued pursuant to N.C.G.S. § 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 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 the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. The notice shall also state that 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 cents per One Hundred Dollars ($100.00) required by NCGS 7A-308 (a)(1), up to a maximum of Five Hundred Dollars ($500.00). The property is being sold “as is and where is” with no representations or warranties of any type or kind being given or to be construed as being given or made; and, no title certification of any type or kind is being made or is to be construed as being made. The terms of the sale are that the real property hereinabove described will be sold for cash to the highest bidder and that the undersigned will require the successful bidder at the sale to immediately deposit cash or certified check in the amount of the greater of five percent (5%) of the amount of the bid or seven hundred and fifty dollars ($750.00), whichever is greater. The real property hereinabove described will be sold subject to any unpaid taxes, prior encumbrances, if any, and special assessments. The sale will be held open for ten (10) days for upset bids as by law required and will also be subject to a ten (10) day right of redemption or to the filing of a bankruptcy petition. In the event of an upset bid, redemption or the filing of a bankruptcy petition, or any other reason that the Substitute Trustee deems necessary to redo the sale, the bid deposit will be returned and no other remedies will be assertable. 19-SP-58 This 25th day of June, 2019. /s/Frances S. White Frances S. White or Rick D. Lail, either one of whom may act, Substitute Trustee P.O. Box 30081 Charlotte, N.C. 28230-0081 (704) 817-8134

Posted 12/31/1969