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STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
13 SP 4310
IN RE: Foreclosure of the Deed of Trust executed by Douglass P. D’Amico and Laura L. D’Amico
TO: Thomas E. Holder, Jr., Trustee
As recorded in Book 12121, Page 331, of the Wake County Public Registry.
Substitute Trustee: Sean Delaney
Under and by virtue of the power and authority contained in that certain Deed of Trust from Douglass P. D’Amico and Laura L. D’Amico to the above named Thomas E. Holder (“Trustee”) for Crescent State Bank (now known as VantageSouth Bank) filed of record in Book 12121, page 331 of the Wake County Public Registry, default having been made in payment of the indebtedness thereby secured and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of Wake County, North Carolina, the undersigned attorney for the Substitute Trustee will offer for sale at public auction to the highest bidder for cash at the courthouse door of the Wake County Courthouse on:
DATE OF SALE: July 10, 2014
HOUR OF SALE: 11:00 AM In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The above-described real property will be sold “AS IS, WHERE IS.”; neither the beneficiary of the deed of trust, nor the Substitute Trustee, makes any representations or warranties relating to the real property being sold, nor does the undersigned make any warranties of title.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.
The real estate and the improvements thereon being sold hereunder as secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in WAKE, North Carolina, and being more particularly described as follows:
BEING all of Lot 361 of Durant Trails Subdivision, Phase III, Section 10-A as same is shown on map thereof recorded in Book of Maps 1989, Page 1164 Wake County Registry.
Property address: 9113 Walking Stick Trail, Raleigh, NC 27615
The record owner of the above-described real property as reflected by the records in the WAKE County Public Registry not more than ten (10) days prior to the posting of this Notice was Douglass P. D’Amico and Laura L. D’Amico.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving the notice of sale, terminate the rental agreement upon 10 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.
Respectively submitted this 19th day of June, 2014.
James A. Oliver
Attorney for the Substitute Trustee
P.O. Box 527
Raleigh, NC 27602
The Wake Forest Weekly
June 26, 2014
July 3, 2014