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 ELGENIA TAYLOR SIMMS AND WILLIE L. SIMMS DATED OCTOBER 9, 2008 AND RECORDED IN BOOK 2337 AT PAGE 628 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 12:00PM on March 17, 2014 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:
That certain lot or parcel of land lying and being in the city of Wilson, Wilson County, North Carolina, and more particularly described as follows: Beginning at a existing iron pin in the westerly right of way line of Pender Street, said iron pin being located North 24 degrees 00 minutes 00 seconds east 88.17 feet from the intersection of the westerly right of way line of Pender Street with the northerly right of way line of Vance Street; runs thence from said point of beginning north 65 degrees 34 minutes 36 seconds west 136.84 feet to an existing iron pin, corners; runs thence north 24 degrees 00 minutes 00 seconds east 56.00 feet to an existing iron pin, corners; runs thence south 65 degrees 34 minutes 36 seconds E. 136.84 feet to an existing iron pin in the westerly right of way line of Pender Street, corners; runs thence with and along said right of way line south 24 degrees 00 minutes 00 seconds west 56.00 feet to an existing iron pin, the point and place of beginning.
And Being more commonly known as: 403 Pender St East, Wilson, NC 27893
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Elgenia Taylor Simms.
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 24, 2014.
Grady I. Ingle or
Elizabeth B. Ells
10130 Perimeter Parkway,
Charlotte, NC 28216