NOTICE OF TRUSTEE’S SALE
OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 563
IN THE MATTER OF: The Foreclosure of a Deed of Trust executed by Tony W. Massengill as President, and James N. Massengill, Sr., as Vice-President of James Massengill & Sons Construction Co., to Walter G. Rogers, Trustee, recorded in Book 3167, Page 746, Johnston County Registry, and also recorded in Book 12121, Page 927, Wake County Registry.
Pursuant to a power of sale contained in a Deed of Trust executed by Tony W. Massengill and James N. Massengill, Sr. of James Massengill & Sons Construction Co. to Walter G. Rogers, Trustee, dated July 18, 2006 and recorded on July 27, 2006 at 3:59 p.m. in Book 3167, Page 746, Johnston County Registry, and recorded on August 18, 2006 at 10:22 a.m. in Book 12121, Page 927, Wake County Registry, Sarah C. Blount having been substituted as trustee by instrument recorded in Book 4299, Page 207, Johnston County Registry, and recorded in Book 15288, Page 1426, Wake County Registry, and default having occurred and the Deed of Trust being subject to foreclosure, and the Holder of the indebtedness having demanded foreclosure, the undersigned Substitute Trustee will expose for sale at public auction on July 25, 2013 at 2:30 p.m. at the door of the Wake County Courthouse, Raleigh, N.C., the following real property including any improvements thereon:
TRACT ONE: (Parcel ID No.: 1701779388)
BEING all of Lot 2, containing 0.61 acres, according to map entitled “Recombination Map,” property of James Massengill & Sons Construction Company according to map prepared by Lynwood E. Byrd, Inc., Registered Surveyor, and recorded in Book of Maps 1984, Page 392, Wake County Registry. The tract herein conveyed has a metes and bounds description as follows: Beginning at a new iron pin located in the eastern line of Lot 1, at the southwestern corner of Lot 3 as shown on map recorded in Book of Maps 1984, Page 392, Wake County Registry, said point of beginning also being located South 13° 14’ 50” West 227.69 feet as measured along the eastern line of Lot 1 on said map from an existing iron pin located in the southern right-of-way of Mechanical Boulevard, S.R. 2538; runs thence along the southern line of Lot 3 South 72° 21’ 10” East 145.50 feet to a point and the line of Minnie S. Stone property; runs thence along the Stone line South 13° 18’ 20” West 199.83 feet to an existing iron pin; runs thence North 59° 48’ 40” West 45 feet to a point; thence continuing North 62° 37’ West 105 feet to a point, southeastern corner of Lot 1; runs thence along the eastern line of Lot 1 North 13° 14’ 50” East 172.74 feet to the point and place of beginning.
TRACT TWO: (Parcel ID No.: 1701871526)
Beginning at an existing P.K. nail in the center of S.R. 2538, said nail marking the northeast corner of property conveyed to Tony Wood Massengill by deed recorded in Book 2318, Page 97, Wake County Registry, runs thence South 13° 18’ 20” West 297.66 feet to a new iron pin; thence South 75° 58’ 15” East to a concrete monument; thence North 13° 18’ 20” East 290.75 feet to the center of S.R. 2538; thence North 63° 07’ 00” West 30.86 feet to the point and place of beginning, containing .20 acres more or less.
NOTE: The above property is a portion of that property described in the above referenced Deed of Trust.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations 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. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, easements, conditions, covenants, restrictions and all encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner of the property is James Massengill & Sons Construction Co. This property is not subject to notices required by N.C.G.S. 45-100–107.
A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing. The successful bidder shall tender the full balance of the purchase price, in cash or certified check when the trustee tenders, or attempts to tender, the deed for the property. If the successful bidder then fails to pay the balance of the purchase price, he shall remain liable on his bid as provided by N.C.G.S. 45‑21.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. 7A-308, in the amount of Forty-five Cents (.45) per each One Hundred Dollars ($100) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater.
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 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.
PLEASE TAKE NOTICE: 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 July 18, 2006 may, after receiving the notice of the sale, terminate the rental agreement upon 10 days’ written notice to the landlord. This notice shall also state that upon termination of a rental agreement that tenant is liable for rent due under the rental agreement prorated to the effective date at the termination.
Special Notice. In the event that tax liens attach to this property, The United States of America, Treasury Department, Internal Revenue Service, has certain rights to purchase which may be exercised after the trustee’s sale. Prospective purchasers are urged to familiarize themselves with these rights to which the sale may be subject.
Special Notice. On information and belief the property to be sold may be subject to Mechanics and Materialman’s claims of lien which may be superior to the interest in the property being foreclosed and sold and which may or may not appear in the public record. Prospective purchasers are urged to familiarize themselves with the public record and the law. Purchasers will neither be relieved of their obligations nor allowed to withdraw their bids due to lack of knowledge or if a lien claimant subsequently asserts a higher priority claim.
This the 26th day of June, 2013.
Sarah C. Blount, Substitute Trustee
4509 Creedmoor Rd., Suite 204
Raleigh, NC 27612
The Wake Forest Weekly
July 11, 18, 2013