NOTICE OF FORECLOSURE SALE
SPECIAL PROCEEDING NO.
14 SP 245
Under and by virtue of the power of sale contained in a certain Equity Line of Credit Deed of Trust made by PATRICIA O. GARRIS to HAROLD T. KEEN, TRUSTEE, for KS BANK, INC., dated November 16, 2012, and recorded in Book 2508, pages 841-847, 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, Alan B. Hewett, having been substituted as Trustee in said Deed of Trust by 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 at the door of the Wilson County Courthouse, Nash Street Entrance, Wilson, North Carolina, at 11:00 a.m. on the 29TH DAY OF SEPTEMBER, 2014, and will sell to the highest bidder for cash the following real estate:
All those certain tracts or parcels of land lying and being in Spring Hill Township, Wilson County, State of North Carolina, and being more particularly described as follows:
TRACT ONE: BEGINNING at a stake in C. O. Hinnant line Mary F. Watson corner and runs thence N. 83-45 W. 22 poles to a stake said C. O. Hinnant corner; thence S. 3-45 W. 61-½ poles to a stake Harriett Watson corner; thence S. 85-45 E. 22 poles to a stake Mary F. and J. E. Watson corner; thence N. 4-30 E. 61-½ poles to the beginning containing 8-1/2 acres.
TRACT TWO: BEGINNING at a stake in C. O. Hinnants line, L. R. Watson corner, and runs N. 83-45 W. 22 poles to a stake Nancy P. Watson corner; thence S. 4-15 W. 61-1/2 poles to a stake, Harriett & J. R. Watsons corner; thence S. 85-45 E. 22 poles to a stake, L. R. Watson corner; thence N. 4-14 E. 61-1/2 poles to the beginning, containing 8-1/2 acres.
TRACT THREE: BEGINNING AT A STAKE C. O. Hinnant corner, on the Buck-Horn Kenly Road, and runs thence N. 83-45 W. 22 poles to a box wood, Mary F. Watson corner, thence S. 4-15 W. 61-1/2 poles to a stake H. F. Watson corner; thence S. 85-45 E. 22 poles to a stake in the aforesaid road, thence with said road N. 4-15 E. 61-1/2 poles to the beginning, containing 8-1/2 acres.
The above three tracts being the same property conveyed to Addie Watson Overman (now deceased) by L. R. Watson and Beatie Watson and others by deed dated January 8, 1941, and recorded in the Wilson County Registry in Bok 263, at page 457.
TRACT FOUR: BEGINNING at a stake L. R. Watson corner in Frank Williamson line and runs thence with Williams line W. 5-30 E. 497 feet to a stake and runs thence N. 84 W. 797 feet to a stake; thence S. 5-30 W. 498 feet to a stake L. R. Watson, Jr. corner and runs thence with his line S. 84 E. 785 feet to the beginning containing 9 acres more or less. And being the same property conveyed to Addie Overman (now deceased) by L. R. Watson, Sr. and wife, Peatie Watson by deed dated December 10, 1940, and recorded in the Wilson County Registry in Book 263, at page 457.
The above described property having parcel identification numbers 2760414021.000 and 2669291087.000 and having addresses of 5906 NC Highway 581, Kenly, NC, and 5874 NC 581, Kenly, NC 27542.
KS BANK, INC. DOES NOT HAVE A SECURITY INTEREST IN THE MOBILE HOME SITUATE ON THE PROPERTY LOCATED AT 5874 NC 581, KENLY, NC ,
The Substitute Trustee may, in the Substitute Trustees sole discretion, delay the sale for up to one hour as provided by NCGS Section 45-21.23. Should the property be purchased by a third party, that person 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 Substitute 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 representatives of either the Substitute Trustee or the holder of the note make any representation of 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, the property is being sold subject to all taxes, special assessments, easements, prior liens or encumbrances of record, restrictions, and any recorded leases. Said property is also being sold subject to applicable state and federal laws. Other conditions will be announced at the sale.
To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Patricia O. Garris.
A deposit of five percent (5%) of the amount of the bid, or Seven Hundred Fifty and 00/100 ($750.00) Dollars, whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid. This sale will be held open ten (10) days for upset bids as required by law.
If the Substitute 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 Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sole discretion, if he believes 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.
Residential real estate with less than 15 rental units: 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.
This 31ST DAY OF JULY, 2014.
Alan B. Hewett,
Hewett & Wood, P. A.
P. O. Box 369
Selma, NC 27576