AMENDED NOTICE OF
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
11 SP 2478
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY JDG INVESTMENTS, INC., DATED AUGUST 1, 2005 AND RECORDED IN BOOK 11505, PAGE 2621, WAKE COUNTY REGISTRY AND IN BOOK 2949, PAGE 68, JOHNSTON COUNTY REGISTRY, TO THOMAS E. HOLDER, JR., TRUSTEE. RUSSLAW, LLC, SUBSTITUTE TRUSTEE.
Under and by virtue of the power of sale contained in that certain Deed of Trust executed by JDG Investments, Inc., dated August 1, 2005 and recorded in Book 11505, Page 2621, Wake County Registry, North Carolina, default having been made in payment of the Note thereby secured and the necessary findings to permit foreclosure having been made by the Asst. Clerk of Superior Court of Wake County, North Carolina, the undersigned RUSSLAW, LLC, Substitute Trustee, will offer for sale at public auction at the usual place of sale at the Wake County Courthouse, at 11:00 AM on June 5, 2013, the property located in Wake County conveyed in said Deed of Trust identified above, which description is incorporated by reference herein as amended, modified or supplemented by other instruments, if any, recorded subsequent to the Deed of Trust in the Wake County Registry and will sell to the highest bidder for cash the following real estate (but only that portion of the Property that is located in Wake County):
SEE ATTACHED EXHIBIT A.
TOGETHER with the improvements located thereon and appurtenances thereto.
The record owner of the above-described real estate as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Sale is JDG Investments, Inc.
The terms of sale are that the property will be sold for cash to the highest bidder and a cash deposit (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. Any successful bidder shall be required to tender the full balance purchase price at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should the successful bidder fail to pay the full balance purchase price at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30 (d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid.
The Substitute Trustee may in his discretion, subject to the provisions of N.C.G.S. §45-21.8 and §45-21.9, sell the property as a whole or in separate lots as described in the Deed of Trust, or by each method to determine the highest price.
This 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 representative of either the Substitute Trustee or other 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, this property is being sold subject to any unpaid taxes, special assessments, restrictions and easements of record, prior liens, any transfer taxes associated with the foreclosure, and prior liens or encumbrances of record, any recorded releases, any tax required to be paid pursuant to N.C.G.S. §7A-308(a)(1), and the sale will be further subject to the right, if any, of the United States of America to redeem the property for a period of 120 days following the confirmation of the sale. The sale will be held open for 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 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.
Additional Notice to Tenants, Occupants, and Parties in Possession Where the Property is residential real property with less than 15 rental units:
Subject to applicable notice requirements, an order for possession of the Property may be issued pursuant to North Carolina General Statutes Section 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. If an order for possession is issued, you may be required to vacate the Property.
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 ten (10) days written notice to the landlord. Upon such 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 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 A 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.
This 29th day of April, 2013.
RUSSLAW, LLC, Substitute Trustee
Lucy T. Brewer, Esq., Manager
2235 Gateway Access Point,
Raleigh, North Carolina 27607
Beginning at a stake and pine pointers, runs thence north 17° 30' west 1100 feet to a stake; runs thence south 87° 15' east 2291 feet to a large ash and pointer on White Oak Creek; runs thence down said creek in a southerly direction to the mouth of a branch; runs thence up said branch in a southerly direction and then in a westerly direction to a stake, the POINT AND PLACE OF BEGINNING, and containing 54-4/10 acres according to map and survey made by Ernest L. Culbreth, Engineer, April 26, 1951; being the same tract of land conveyed to Gus Hinton by deed recorded in Book 25, Page 44, Johnston County Registry, and the same tract conveyed to N. V. Stephenson by deed recorded in Book 431, Page 338, Johnston County Registry.
Being all of a 44.62 acre tract, more or less, according to survey entitled "Property of D. H. Buffaloe and Tessie Bell", recorded in Book of Maps 1979, Page 1056, Wake County Registry.
Being all of the 16.16 acre tract as shown on plat entitled, "Boundary Survey for Lacey Buffaloe, situated in St. Mary's Township, Wake County, NC and Cleveland Township, Johnston County, NC", dated July 23, 1997 and recorded in Book of Maps 1997, Page 1433, Wake County Registry and recorded in Book of Maps 50, Page 257, Johnston County Registry.
Being all of Lot 1 containing 13.41 acres, more or less; Lot 2 containing 7.43 acres, more or less; Lot 3 containing 1.666 acres, more or less; Lot 4 containing 1.666 acres, more or less; Lot 5 containing 1.666 acres, more or less; Lot 6 containing 1.943 acres, more or less; Lot 8 containing 6.20 acres, more or less, as shown on survey dated 10/08/99 entitled "Court Ordered Subdivision of the Estate of Trumella Bell Jones" and prepared by Ward and Associates, PLLC, and recorded in Special Proceedings in File No. 99-SP-0771, office of the Clerk of Superior Court of Wake County.
The above described lots were part of a special proceeding, 99-SP-0771, office of the Clerk of Superior Court of Wake County. Based upon the Second Report of Commissioners filed in the above special proceeding and recorded in Book 10622, Page 1566, Wake County Registry, and the Amended Order Confirming Second Report of the Commissioners filed in said special proceeding and recorded in Book 10622, Page 1570, Wake County Registry.
The above lots were allotted as follows:
Lot 1 containing 13.41 acres, more or less, to Newman A. Jiles and Thelma Jiles
Lot 2 containing 7.43 acres, more or less, to Newman A. Jiles and Thelma Jiles
Lot 3 containing 1.666 acres, more or less, to Dorothy M. Turner
Lot 4 containing 1.666 acres, more or less, to Eddie L. Turner
Lot 5 containing 1.666 acres, more or less, to Willie L. Turner
Lot 6 containing 1.943 acres, more or less, to Jennie Turner Hoey
Lot 8 containing 6.20 acres, more or less, to Alphonza Jones
Lot 2 Restrictions: Grantee shall provide access to the .33 acre family cemetery by a 15 foot easement which shall be recorded on a plat at the time the property is developed. The heirs of Trumella Bell Jones will be allowed to continue to use the present path to the cemetery until the land is developed.
LESS AND EXCEPT from the above-described Tract 1, Tract 2, Tract 3 and Tract 4, the following lots or parcels of land:
BEING all of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, 26, 27, 28 and 29, White Oak Landing Subdivision, Phase I, as shown on a plat recorded in Book of Maps 2007, Pages 2275-2278, Wake County Registry.
BEING all of Lots 30, 31, 32, 33, 34, 35, 36, 67, 68 and 69, White Oak Landing Subdivision, Phase II, as shown on a plat recorded in Book of Maps 2009, Pages 198-201, Wake County Registry.
BEING all of Lots 45, 46, 49, 50 and 66, White Oak Landing Subdivision, Phase II, as shown on a plat recorded in Book of Maps 2009, Pages 198-201, Wake County Registry.
The Wake Forest Weekly
May 23, 30, 2013