13 SP 1847 NOTICE OF FORECLOSURE SALE

Posted On 08 Aug 2013

13 SP 1847 NOTICE OF FORECLOSURE SALE,

North Carolina, Wake County Under and by virtue of the power of sale contained in that certain Deed of Trust executed by James Wayne Bailey dated June 21, 2007 to BB&T Collateral Service Corporation, Trustee for Branch Banking and Trust Company, recorded in Book 12612, Page 2067, Wake County Registry; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina; the undersigned Substitute Trustee will offer for sale at public auction to the highest bidder for cash, the property conveyed in said deed of trust, the same lying and being in the County of Wake and State of North Carolina, and more particularly described as follows: TRACT I BEING all of that 1.10 gross acres tract of land on a map entitled “Property Survey for Frank G. Moss, Little River Township, Wake County, North Carolina”, recorded in Book of Maps 1991, Page 814, Wake County Registry. There is also conveyed herewith the right of ingress to and egress from State Road 2349 along a 30’ private road (Tripp-Wallace Drive) as shown on said map recorded in Book of Maps 1991, Page 814, Wake County Registry. TRACT 2 BEGINNING at an existing iron pipe on the North side of a 30’ private road (Tripp- Wallace Drive), corner of Frank Wallace in the line of Talmadge Vann, and runs thence with the line of Wallace South 03 degrees 54’ 00” West 180.00 feet to an existing iron pipe, corner of Frank G. Moss; runs thence with the line of Frank G. Moss South 80 degrees 04’ 02” West 232.22 feet to another existing iron pipe; runs thence with the line of Moss North 22 degrees 28’ 59” West 259.58 feet to a new iron pipe in the northern right-of-way line of Tripp-Wallace Drive; runs thence with the northern right-of-way line of Tripp-Wallace Drive South 86 degrees 36’ 00” East 340.85 feet to the point of BEGINNING, containing 1.38 acres including 0.23 acre subject to the right-of-way of Tripp-Wallace Drive, as shown by map of Williams, Pearce & Associates, P.A. dated 8-19-91 and entitled “Property Survey for Frank G. Moss, Little River Township, Wake County, North Carolina”, said map being recorded in Book of Maps 1991, Page 814, Wake County Registry. TOGETHER with the right and easement to use Tripp-Wallace Drive for access to SR 2349, said right and easement appurtenant to the above described lands and to run with the title to the said lands. TRACT 3 The BEGINNING POINT is an iron pipe in the property line of that 1.38 GROSS AC. Tract of land as shown on that plat recorded in Book of Maps 2007, Page 1283, Wake County Registry (see also Book of Maps 1991, Page 814, Wake County Registry), the BEGINNING POINT being located the following courses and distances from the intersection of the centerline of S.R. 2349 & the North Side of Tripp-Wallace Road: S. 60 degrees 59’ 10” East 579.89 feet to an existing iron pipe and North 81 degrees 53’ 39” East 130.19 feet to the BEGINNING POINT, runs thence from the BEGINNING POINT along the 1.38 GROSS AC. Tract property line North 81 degrees 53’ 39” East 102.00 feet to an existing iron pipe, a corner for the Pearce Property (see D.B. 9667, Pg. 1534); runs thence along the Pearce Property line South 84 degrees 50’ 48” East 241.85 feet to an existing iron pipe, a corner for the Pearce Property in the Brown Property line (see D.B. 2925, Pg. 621); runs thence along the Brown Property line South 05 degrees 31’ 30” West 264.46 feet to an existing iron pipe; runs thence along the Hood Property line (see D.B. 2745, Pg. 78) South 05 degrees 31’ 30” West 610.17 feet to an existing iron pipe, a common corner for the Hood Prop., the Gribbon et. al. Property (see D.B. 3801, Pg. 614) and the Moss Enterprises Property (see D.B. 7106, Pg. 154); runs thence along the Moss Enterprises Property line South 08 degrees 12’ 39” West 171.88 feet to an existing iron pipe and north 83 degrees 15’ 53” West 241.85 feet to a new iron pipe, a corner for the Moss Property (see D.B. 2461, Pg. 412) in the Moss Enterprises Property line; runs then along the Moss Property line North 05 degrees 57’ 58” East 934.68 feet to a new iron pipe and North 45 degrees 00’ 21” West 127.36 feet to the BEGINNING POINT, and being that 5.991 acre tract of land as shown on a map of a survey by W. David Hawkins, Professional Land Surveyor, dated 5-1-2007 entitled “Recombination of Property for Frank G. & Janice C. Moss & James Wayne Bailey, Wake County Pin Nos. 2704-36-0277 & 2704-36-3702, Little River Township, Wake County, NC” and recorded in Book of Maps 2007, Page 1283, Wake County Registry. Property Address: 1112 Tripp Wallace Drive, Zebulon, NC 27597-8290; 1124 Tripp Wallace Drive, Zebulon, NC 27597-8290, and 5.99 Acres on Morphus Bridge Road, Zebulon, NC 27597 Date of Sale: August 21, 2013 at 10:30AM Location of Sale: Wake County Courthouse Record Owner(s): James Wayne Bailey TERMS OF THE SALE: (1) This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies. (2) The property is being sold “as is”. Neither the beneficiary of the deed of trust, nor the undersigned Substitute Trustee, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Substitute Trustee makes no title warranties with respect to the title to the property. (3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale. (4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period. (5) 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. (6) An order for possession of the property being sold may be issued pursuant to N.C.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. SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, L.L.P. Cara B. Williams, Attorney for Jeff D. Rogers, Substitute Trustee P. O. Box 26268 Raleigh, NC 27611-6268 (919) 250-2000 File No. VMC 97355341, 1048048 8/8, 08/15/2013

The Wake Forest Weekly
Aug. 8, 15, 2013