IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION BEFORE THE CLERK
STATE OF NORTH CAROLINA COUNTY OF WAKE
11 SP 1157
Notice of Sale of Real Estate
In the Matter of the Foreclosure of a Deed of Trust executed by Edmond Davis and wife, Tonia P. Smith-Davis, Grantor, dated August 19, 2008 securing a note in the original amount of $582,000.00 in favor of AIS Gators, LLC, Beneficiary, recorded in Book 013224, at Page 01740 of the Wake County Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Edmond Davis and wife, Tonia P. Smith-Davis in Book 013224, at Page 01740 of the Wake County Registry, and because of default and failure to carry out or perform the stipulations and agreements therein contained and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court of Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned, Amie C. Sivon, Substitute Trustee, will expose for sale at public auction on October 25, 2017 at 10:00 a.m. at the door of the Wake County Courthouse, 316 Fayetteville Street, Raleigh, North Carolina, the following described real property:
BEING all of Lot 54, Covington Ridge Subdivision, Phase 2, as recorded in Book of Maps 2005, Pages 566-567, Wake County Registry.
The real property hereinabove described will be sold “as is” “where is”. There are no representations of 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. This sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any. The record owner(s) of the abovedescribed real property as reflected on the records of the Wake County Registry not more than ten (10) days prior to the posting of this Notice is: Edmond Davis and wife, Tonia P. Smith-Davis.
Third party purchasers must pay the excise tax, pursuant to N.C.G.S. Sec. 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500.00) or fractional part thereof of the final sale price, and the Clerk of Courts fee pursuant to N.C.G.S. Sec. 7A-308, in the amount of Forty-five Cents ($0.45) per each One Hundred Dollars ($100.00) or fractional part thereof of the final sale price or Five Hundred Dollars ($500.00), whichever is less. Pursuant to N.C.G.S. Sec. 4521.10(b), and the terms of the Deed of Trust, 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 (5) percent of the amount bid, or Seven Hundred Fifty and No/100 Dollars ($750.00). Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. Sec. 4521.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law.
Notice to Occupants:
An order for possession of the property may be issued pursuant to N.C.G.S. Sec. 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. 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. The notice shall also state that 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 27th day of September, 2017.
Amie C. Sivon, Substitute Trustee
c/o Ragsdale Liggett, PLLC
2840 Plaza Place, Suite 400
Raleigh, NC 27612
The Wake Weekly
Oct. 12, 19, 2017