NOTICE OF SALE
STATE OF NORTH CAROLINA
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
16 SP 1163
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY ROGER A. AVERY DATED APRIL 11, 2003 AND RECORDED ON APRIL 16, 2003 IN BOOK 10052 AT PAGE 166 IN THE WAKE COUNTY PUBLIC REGISTRY, NORTH CAROLINA
SUBSTITUTE TRUSTEE: THERESA S. DEW
RECORD OWNER(S): HEIRS OF ROGER A. AVERY
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 3:00 P.M. on July 21, 2016, the following described real estate and any improvements situated thereon, in Wake County, North Carolina, and being more particularly described as follows:
See Attached Exhibit A
And being more commonly known as: 301 Depot Street, Fuquay-Varina, NC 27526
The record owner(s) of the property, according to the records of the Register of Deeds, is the Heirs of Roger A. Avery.
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 pursuant to N.C.G.S.45-21.27. 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.
An order for possession 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.
SPECIAL NOTICE FOR LEASEHOLD TENANTS residing at the property: be advised that an Order for Possession of the property may be issued 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.
STUART LAW FIRM, PLLC
Theresa S. Dew
The date of this Notice is July 7, 2016.
N.C. Bar #29449
1033 Wade Avenue, Suite 202
Raleigh, NC 27605
Tel. (919) 787-6050
BEGINNING at a new iron pipe in the southwestern part of the intersection of Depot Street and West Street and runs thence along Depot Street North 84°45’ West 140.03 feet to a new iron pipe, a corner with Mrs. A. G. Elliott; thence along a line with Elliott South 04°35’ West 95.00 feet to an iron pipe, a corner with Ella Beasley; thence along a line with Beasley South 86° 00’ East 140.00 feet to an iron pipe on the western right-of-way of West Street; thence along the right-of-way of said street North 04° 35’ East 92.00 feet to the point of BEGINNING, according to a map of survey by C.W. Russum, RLS, dated 6/16/72 entitled “Property of Jimmy N. Pollard.
The Wake Forest Weekly
July 7, 14, 2016
- State News Today