NOTICE OF SALE
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
BEFORE THE CLERK
13 SP 1557
In the Matter of the foreclosure of a Deed of Trust executed by Kelly K. Sutton, (PRESENT RECORD OWNER(S): Kelly K. Sutton Living Family Trust) in the original amount of $440,000.00 dated June 12, 2008, recorded in Book 13138, Page 126, Wake County Registry, Ryan J. Adams, Substitute Trustee
Under and by virtue of the power and authority contained in a certain Deed of Trust executed and delivered by Kelly K. Sutton, dated June 12, 2008, and recorded on June 13, 2008, in Book 13138, Page 126, Wake County Registry (“Deed of Trust”), and because of default in the payment of the indebtedness thereby secured, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned Substitute Trustee will expose for sale at public auction on the 5th day of June, 2013, at 10:00 am, or as soon thereafter as possible at the Wake County Courthouse, the real property (including any improvements thereon) and fixtures located in Wake County, North Carolina, which is more particularly described as:
Being all of lot 303, Phase 1B of Twelve Oaks Subdivision as shown in Book of Maps 2007, Page 1585-1588, Wake County Registry.
This property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases. The property will otherwise be sold subject to any and all exceptions, rights or interests that are superior to the Deed of Trust. The property is not being sold subject to or together with any other exceptions, rights or interests subordinate to the Deed of Trust.
The property will be sold “AS IS, WHERE IS.”
Neither the Substitute Trustee nor the holder of the loan secured by the Deed of Trust nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the loan secured by the Deed of Trust 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 sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed.
The record owner of the abovedescribed real property 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 is Kelly K. Sutton Living Family Trust. The address of the property being foreclosed upon is: 1900 Green Oaks Parkway, Holly Springs, North Carolina 27540.
Pursuant to North Carolina General Statutes Section 4521.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the successful bidder’s bid or $750.00. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to the successful bidder a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 4521.30(d) and (e). The owner and holder of the indebtedness secured by the Deed of Trust may make a credit bid. This sale will be held open for upset bids as required by law.
Upon the completion of the foreclosure, an order for possession of the property sold, or any portion thereof, may be issued pursuant to North Carolina General Statutes § 45-21.29 in favor of the purchaser and against the party or parties in possession by the Wake County Clerk of Superior Court.
This the 15th day of May, 2013.
SHIRLEY & ADAMS, PLLC
Ryan J. Adams, Esq.
NC State Bar No. 27687
115 West Morgan Street
Raleigh, North Carolina 27601
Telephone: (919) 899-6278
Facsimile: (919) 899-6279
The Wake Forest Weekly
May 23, 30, 2013