NOTICE OF SUBSTITUTE
TRUSTEE’S SALE OF
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Arthur Smith and Debbie Smith (husband and wife), dated the 2nd day of January 2007, and recorded in the Register of Deeds office for Wake County, North Carolina, in Deed of Trust Book 012352, Page 01052, and because of default in the payment of the indebtedness thereby secured and failure to carry out and perform the stipulations and agreements therein contained and pursuant to an Order entered by the Clerk of the Superior Court and pursuant to demand of the owner and holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale in the Courthouse of Wake County, in the City of Raleigh, North Carolina, at 11:00 a.m. on the 26th day of November, 2013, all that certain lot or parcel of real estate, including all improvements and fixtures located thereon, situated, lying and being in Wake County, North Carolina, and more particularly described in the 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 Public Registry.
ADDRESS OF PROPERTY: 3012 Oakbridge Drive, Raleigh, NC 27610
PRESENT RECORD OWNER(S): Arthur Smith and Debbie Smith a/k/a Debbie J. Smith (husband and wife)
The terms of the sale are that the property will be sold for cash to the highest bidder and a cash deposit not to exceed the greater of five percent (5%) of the amount of the bid, or Seven Hundred and Fifty Dollars ($750) may be required at the time of the sale. 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 Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions are expressly disclaimed. The property will be sold subject to restrictions and easements of record, any unpaid taxes, prior liens and special assessments, any transfer tax associated with the foreclosure, and any tax required to be paid by N.C.G.S. § 7A-308(a)(1). The sale will be held open for ten days for upset bids as required by law. An Order for possession of the property 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 in which the property is sold. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving notice of sale, terminate the rental agreement upon ten 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.
This the 14th day of November, 2013.
SELLERS, HINSHAW, AYERS,
DORTCH & LYONS, P.A.
By: Mark D. Gott
The Wake Forest Weekly
Nov. 14, 21, 2013
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