• 18 SP 482 NOTICE OF FORECLOSUR...

18 SP 482 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 Lynnward Swann and Katrina McCoy Swann to National Title Network, Trustee, for the benefit of Mortgage Electronic Registration Systems Inc. as nominee for Mortgage Investors Corporation, which was dated July 7, 2012 and recorded on July 16, 2012 in Book 7020 at Page 465, Durham County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, 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 August 22, 2018 at 10:30 AM, and will sell to the highest bidder for cash the following described property situated in Durham County, North Carolina, to wit: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF DURHAM, STATE OF NORTH CAROLINA, AND IS DESCRIBED AS FOLLOWS: BEING ALL OF LOT 17, IN BAY POINTE SUBDIVISION, PHASE II, AS SHOWN ON THAT PLAT RECORDED IN PLAT BOOK 159 PAGES 219-224, DURHAM COUNTY REGISTRY. PARCEL ID: 196888 Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 3 Still Pond Court, Durham, NC 27713. 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 Lynnward Swann and Katrina McCoy Swann. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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. 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 [N.C. Gen. Stat. § 45-21.16(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. Cape Fear Trustee Services, LLC, Substitute Trustee Attorney J. Martin Page, NCSB No. 43852 Aaron Seagroves, NCSB No. 50979 PHONE: 803.509.5078 FAX: 803.753.9841 H-S: 8-10, 17, 2018