NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Franklin Finch and Linda F. Finch (PRESENT RECORD OWNER(S): Franklin D. Finch and Linda F. Finch) to Fidelity National Title Insurance Co., Trustee(s), dated the 5th day of August, 2003, and recorded in Book 1980, Page 161, in Wilson County Registry, North Carolina, default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Wilson County, North Carolina and the holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door in the City of Wilson, Wilson County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on October 14, 2014 and will sell to the highest bidder for cash the following real estate situated in the County of Wilson, North Carolina, and being more particularly described as follows:
Combination of Lot 77, Section Two, Windemere and Lot 81, Section Three, Windemere:BEGINNING at an iron on the Eastern right-of-way of Hunting Ridge Road, said iron being located at the Southwest corner of Lot 81, as shown on the map to Section Three, Windemere, recorded in Plat Book 27, Page 171 of the Wilson County Registry, and thence from said point of beginning with and along the right-of-way of Hunting Ridge Road, North 6 deg. 30 min. East 62 ft. to an iron, thence continuing North 6 deg. 30 min. East 34.85 ft. to an iron at the corner of Lot 119; cornering, thence with and along the Southern line of Lot 119 South 83 deg. 30 min. East 125 ft to an iron; cornering, thence South 6 deg. 30 min. West 182.85 ft. to a point at the Northeast corner of Lot 79, Section Two, Windemere; cornering, thence with and along the Northern line of Lot 79 South 83, Section Two, Windemere, cornering, thence with and along the Northern line of Lot 79 South 83 deg. 30 min. East 125 ft. to a point on the Eastern right-of-way of Hunting Ridge Road; cornering; thence with and along the right-of-way of Hunting Ridge Road North 6 deg. 30 min. East 86 ft. to the point of beginning. This being a combination of Lot 78, Section Two, Windemere, as shown on the map recorded in Plat Book 18, Page 120 and Lot 81, shown on the map of Section Three, Windemere recorded in Plat Book 27, Page 171 of the Wilson County Registry. Together with improvements located thereon; said property being located at 5101 Hunting Ridge Road, Wilson, North Carolina.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS Section 45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS Section 7A-308(a)(1).
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.
Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A cash deposit or cashiers check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale.
An order for possession of the property may be issued pursuant to 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 upon 10 days written notice to the landlord. 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.
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 confirmation of 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 request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
BY: Attorney at Law
Hutchens Law Firm
Attorneys for Substitute
Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Case No: 1141690 (FC.FAY)