IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MATTHEW HORNE AND BEVERLY JEAN HORNE AKA BEVERLY WADDELL HORNE DATED NOVEMBER 6, 2006 AND RECORDED IN BOOK 2211 AT PAGE 415 AND MODIFIED BY AGREEMENT RECORDED ON SEPTEMBER 17, 2010 IN BOOK 2419 AT PAGE 769 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 10:30AM on March 13, 2015 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:
BEGINNING at a point in the centerline of State Road #1145 (Fulghum Road), said point being South 10 deg. 11 min. West 644.12 feet from a p. k. nail in the centerline of the intersection of State Road #1145 (Fulghum Road) with State Road #1142 (Rockridge Road); and thence from said point of beginning North 80 deg. West 297 feet to a point; cornering, thence North 7 deg. 45 min. East 150 feet to a point; cornering, thence along and with the line of Lot 2 as shown on map in Plat Book 23, Page 132 of the Wilson County Registry, South 80 deg. East 297 feet to the point in the centerline of State Road #1145; cornering, thence with and along the centerline of State Road #1145, South 7 deg. 45 min. West 150 feet to the point of beginning. This being Lot 1, Section One as shown on the map recorded in Plat Book 23, Page 133 of the Wilson County Registry and reference is hereby made to said map for particular description.
And Being more commonly known as: 7525 Fulghum Rd, Kenly, NC 27542
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Beverly Jean Horne and husband, Matthew Horne.
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 10 days written notice to the landlord. 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 23, 2015.
Grady I. Ingle or Elizabeth B. Ells
10130 Perimeter Parkway,
Charlotte, NC 28216