AMENDED NOTICE OF
FORECLOSURE SALEÃ¢ Â¨
14 SP 213
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Solita Barnes and Pauline Barnes (PRESENT RECORD OWNER(S): Solita E. Barnes and Pauline C. Barnes) to T. Douglass Jones, III, Trustee(s), dated the 23rd day of July, 2008, and recorded in Book 2327, Page 342, 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 13, 2015 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:
TRACT ONE: BEGINNING at a point in the southerly right of way line of U.S. Highway #264, said point being N. 52 deg. 46 min. W. 24.2 feet and S. 37 deg. 14 min. W. 75 feet from the centerline of a 4'X6' R.C. box culvert under said U.S. Highway # 264; thence from said point of beginning S. 30 deg. 00 min. W. 187.35 feet to a corner; thence N. 60 deg. 00 min. W. 100 feet to a corner; thence N. 30 deg. 00 min. E. 200 feet to the southerly right of way line of U.S. Highway # 264; thence along the said right of way line of U.S. Highway # 264 S. 52 deg. 46 min. E. 100.85 feet to the point of BEGINNING, as made from a survey by F.T. Green & Associates, Engineers , on December 12, 1966.Ã¢ Â¨Ã¢ Â¨TRACT TWO: BEGINNING at a point in the southeasterly corners of Russell Williams and wife, Lucille Williams' lot on U.S. Highway # 264, said point being North 52 deg. 46 min. West 24.2 feet; South 37 deg 14 min West 75 feet and South 30 deg. 00 min. West 187.35 feet from the centerline of a 4' X 6' R.C. box culvert under said U.S. Highway # 264; thence from said point of beginning South 30 deg. 00 min. West 68 feet to a corner; thence North 60 deg. 00 min. West 100 feet to a corner; thence North 30 deg. 00 min. East 68 feet to the southwesterly corner of Russell Williams and wife, Lucille Williams' lot; thence along Russell Williams and wife, Lucille Williams' southerly property line South 60 deg. 00 min. East 100 feet to the point of BEGINNING, as taken from a survey of F.T. Green & Associates, Engineers, made in December 1967.Ã¢ Â¨Ã¢ Â¨Together with improvements located thereon; said property being located at 2006 Martin Luther King, Jr. Parkway, Wilson, North Carolina.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in NCGS §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 §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 deposit of five percent (5%) of the purchase price, 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.
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.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
Case No: 1138685 (FC.FAY)