• 18 SP 166 NOTICE OF FORECLOSUR...

18 SP 166 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, DURHAM COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Shirley Parker to Madison Settlement Services, Trustee(s), which was dated May 12, 2009 and recorded on June 4, 2009 in Book 6238 at Page 108, Durham County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, Trustee Services of Carolina, LLC, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on October 26, 2018 at 10:00AM, and will sell to the highest bidder for cash the following described property situated in Durham County, North Carolina, to wit: LAYING ON THE SOUTHERN SIDE OF DENVER AVENUE, CONTAINING 11,564 SQUARE FEET, MORE OR LESS, AND BEING ALL OF LOT 7 OF RIDDLE PARK, SECTION 4 REVISED, AS PER PLAT AND SURVEY THEREOF NOW ON FILE IN PLAT BOOK 127 AT PAGE 69 IN THE OFFICE OF THE REGISTER OF DEEDS OF DURHAM COUNTY, TO WHICH PLAT REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME. PARCEL ID: 171808 Commonly known as 119 Denver Avenue Durham, NC 27704 However, by showing this address no additional coverage is provided. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 119 Denver Avenue, Durham, NC 27704. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "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 is made subject to all prior liens, unpaid taxes, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Shirley Parker. 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 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 by providing written notice of termination to the landlord, to be effective 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 mortgagor has not cured the default at the time the tenant provides the notice of termination [NCGS ยง 45-21.16A(b)(2)]. 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. If the trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without the knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy. Trustee Services of Carolina, LLC Substitute Trustee Brock & Scott, PLLC Attorneys for Trustee Services of Carolina, LLC 5431 Oleander Drive Suite 200 Wilmington, NC 28403 PHONE: (910) 392-4988 FAX: (910) 392-8587 File No.: 16-17661-FC01 H-S: October 11, 18, 2018