NOTICE OF SALE
IN THE GENERAL
COURT OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
FILE NO. 13 SP 2773
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY MARGARET SMITH, UNMARRIED DATED JANUARY 20, 1994 AND RECORDED IN BOOK 5973 AT PAGE 677 IN THE WAKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in payment of the secured debt and failure to perform the agreements contained therein and, pursuant to demand of the holder of the secured debt, the undersigned will expose for sale at public auction at the usual place of sale at the Wake County courthouse at 10:00 A.M. on December 3, 2013, the following described real estate and any improvements situated thereon, in Wake County, North Carolina, and being more particularly described as follows:
BEGINNING at a point of the west side of Church street, as extended northwardly from its intersection with Cemetery street, said point located in the South line of the property of Erma T. Robertson heirs; thence along the West side of said Church street extended in a southerly direction 85 feet to a point on the West side of said Church street extended; thence North 85' 00' West 100 feet to a point in the line of the land of the heirs of W. R. Nowell; thence along said Nowell line North 00' 30' East 85 feet to a point in the south line of the said land of Erma Todd Robertson's heirs; thence along the said Robertson line south 85' DO' East 100 feet, more or less, to the point of BEGINNING.
And Being more commonly known as: 231 Church Street, Wendell, NC 27591
The record owner(s) of the property, according to the records of the Register of Deeds, is the successors in interest to Margaret Smith.
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 Trustee nor the holder of the note secured by the deed of trust being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either the 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 offered for sale. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is subject to all prior liens and encumbrances and unpaid taxes and assessments including any transfer tax associated with the foreclosure. A deposit of five percent (5%) of the amount of the bid or seven hundred fifty dollars ($750.00), whichever is greater, is required from the highest bidder and must be tendered in the form of certified funds at the time of the sale. This sale will be held open ten days for upset bids as required by law. After the expiration of the upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS residing at the property: be advised that an Order for Possession of the property may be issues in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is November 6, 2013.
STUART LAW FIRM, PLLC
Theresa S. Dew
1033 Wade Ave., Ste. 202
Raleigh, NC 27605
N.C. Bar No. 29449
The Wake Forest Weekly
Nov. 21, 28, 2013
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