NOTICE OF SUBSTITUTE
TRUSTEE'S FORECLOSURE SALE OF REAL PROPERTY
UNDER AND BY VIRTUE of the power and authority contained in that certain Deed of Trust executed and delivered by Leroy Miller a/k/a Leroy Miller Sr., dated January 17, 2005 and recorded on January 21, 2005 in Book No. 011192 at Page 01823 in the Office of the Register of Deeds of Wake County, North Caro- lina; and because of default in the payment of the indebtedness secured thereby and failure to carry out and perform the stipulations and agreements contained therein and, pursuant to demand of the holder of the indebted- ness secured by said Deed of Trust, the undersigned Substitute Trustee will place for sale, at public auction, to the highest bidder for cash at the usual place of sale at Wake County Court- house, Raleigh, North Carolina on January 8, 2016 at 12:00 PM that parcel of land, including improvements thereon, situated, lying and being in the City of Raleigh, County of Wake, State of North Carolina, and being more particu- larly described in the above referenced Deed of Trust..
Address of property: 447 Rose Lane, Raleigh, NC 27610
Tax Parcel ID: 0047314
Present Record Owners: The Heirs of Leroy Miller a/k/a Leroy Miller Sr.
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder. A deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale. The successful bidder shall be required to pay revenue stamps on the Trustee's Deed, any Land Transfer Tax and costs of recording the Trustee’s Deed.
The real property hereinabove described is being offered for sale "AS IS, WHERE IS" and will be sold subject to all superior liens, unpaid taxes, and special assessments. Other conditions will be announced at the sale. The sale will be held open for ten (10) days for upset bids as by law required.
If for any reason the Trustee is unable to convey title to this property or the sale is set aside, the sole remedy of the purchaser is the return of the deposit. Furthermore, if the validity of the sale is challenged by any party, the Trustee, in its sole discretion, if it believes the challenge to have merit, may declare the sale to be void and return the deposit. In either event the purchaser will have no further recourse against the Mortgagor, the Mortgagee, the Mortgagee’s attorney or the Trustee.
Additional Notice Where the Real Property is Residential With Less Than 15 Rental Units:
An order for possession of the property may be issued pursuant to G.S. 45-21.29 in favor of the purchaser and against the party or parties in posses- sion by the clerk of superior court of the county in which the property is sold.
Any person who occupies the prop- erty 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 by providing written notice of termination to the landlord, to be effec- tive on a date stated in the notice that is at least 10 days, but no more than 90 days, after the sale date contained in the notice of sale, provided that the mortga- gor has not cured the default at the time the tenant provides the notice of termi- nation. 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.
Attorney at Law
Rogers Townsend & Thomas, PC
2550 West Tyvola Road, Suite 520
Charlotte, NC 28217
The Wake Forest Weekly
Dec. 31, 2015
Jan. 7, 2016
- State News Today