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LEGALS

LEGALS

NORTH CAROLINA, WAKE COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK, 13 SP 1978 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM MOORE MONKEY BUSINESS LLC, DATED OCTOBER 1, 2009, RECORDED IN BOOK 13716, PAGE 1702, WAKE COUNTY REGISTRY NOTICE OF FORECLOSURE SALE Pursuant to an order entered June 3, 2013, in the Superior Court for Wake County, and the power of sale contained in the captioned deed of trust (“Deed of Trust”), the undersigned Substitute Trustee will offer for sale at auction, to the highest bidder for cash, AT THE COURTHOUSE DOOR IN RALEIGH, WAKE COUNTY, NORTH CAROLINA ON JULY 3, 2013, AT 10:00 A.M. the real estate and the improvements thereon 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 County, North Carolina, and being more particularly described as follows: BEING all of Lot 12, White Oak Business Park East, as shown in Book of Maps 2008, Page 182, Wake County Registry. In the Trusteeʼs 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. The record owner of the real property not more than ten days prior to the date hereof is Moore Monkey Business LLC. 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. 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 abovedescribed property for a period of 120 days following the date when the final upset bid period has run. The purchaser of the property described above shall pay the Clerkʼs Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. 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 daysʼ 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. This 3rd day of June, 2013. By: James S. Livermon, Jr., Esq. Substitute Trustee P.O. Box 217, Enfield, NC 27823 Telephone: (252) 445-5188 PS FV 6/19, 6/26

NOTICE OF FORECLOSURE SALE Under and by virtue of the power of sale contained in a certain Deed of Trust executed by Annie L. Stephens (PRESENT RECORD OWNER: Annie L. Stephens), to Thurman E. Burnette,Trustee, dated September 18, 1987 and recorded in Book 4112, Page 12, Wake County Registry, North Carolina; default having been made in the payment of the Note thereby secured by the said Deed of Trust and the undersigned, Richard R. Foust, Esq., having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the office of the Register of Deeds of Wake County, North Carolina, and the holder of the Note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the Wake County Courthouse, in the city of Raleigh, North Carolina at 10:00 AM on Wednesday, June 26, 2013, and will sell to the highest bidder for cash the following real estate situated in the County of Wake, North Carolina, and being more particularly described as follows: BEING ALL OF LOT A OF THE CARROLL HOWARD JOHNSON PROPERTY AS SHOWN IN BOOK OF MAPS 1986, PAGE 85, WAKE COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR GREATER CERTAINLY OF DESCRIPTION. COMMONLY KNOWN AS 413 WAGSTAFF ROAD, FUQUAY VARINA, NC 27526. Should the property be purchased by a third party, that person must pay the tax of Forty-Five cents ($0.45) per One Hundred Dollars ($100.00) required by NCGS 7A-308 (a)(1). The property to be offered pursuant to this notice of sale is being offered for sale, transfer, and conveyance “AS IS, WHERE IS”. Neither the Trustee nor the holder of the Note secured by the Deed of Trust/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Trustee or the holder of the Note make any representation 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record any recorded releases. That 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 upon 10 daysʼ 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. 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. This the 15th day of April, 2013. Richard R. Foust, Substitute Trustee Richard R. Foust, Attorney at Law 204 Muirs Chapel Road, Suite 102 Greensboro, NC 27410 Ph. No. 336-834-0510 Fax No. 336.834.0160 RF FV 6/12/13, 6/19/13

LEGALS NORTH CAROLINA WAKE COUNTY NOTICE OF SALE OF LAND FILE NO. 13 SP 1968 Under and by virtue of the powers of sale contained in that Deed of Trust executed by David W. Goodall and wife, Jennifer E. Goodall to Clifton L. Painter, Trustee for Four Oaks Bank & Trust Company, Beneficiary, dated and recorded April 11, 2007 at Book 12493, page 1222, Wake County Registry, North Carolina, which instrument describes a tract of land located in WAKE COUNTY, NORTH CAROLINA, default having been made in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and Four Oaks Bank & Trust Company, the present holder of the indebtedness thereby secured having demanded a foreclosure thereof for the purpose of satisfying said indebtedness, and the Clerk of Superior Court of Wake County, granting permission for the foreclosure on June 3, 2013. That Four Oaks Bank & Trust Company, the current owner and holder of the aforementioned Deed of Trust having named Luther D. Starling, Jr., as Substitute Trustee, by that instrument recorded in Book 15249, Page 660 of the Wake County Registry. Said Luther D. Starling, Jr., Substitute Trustee, will offer for sale at public auction to the highest bidder for cash at the Wake County Courthouse door in Raleigh, North Carolina, at 10:00 A.M. on the 27th day of June, 2013, as improved, conveyed in said Deed of Trust, the same lying and being in WAKE COUNTY, NORTH CAROLINA, and being more particularly described as follows: Being all of Tract 2, containing 7.861 acres, New Hope Farm Subdivision, Section Two, as recorded in Book of Maps 1982, Pg. 173, Wake County Registry, to which plat reference is hereby made for greater certainty of description of said property. Together with a perpetual, appurtenant easement for access, ingress and egress upon and over that private road known as New Hope Farm Road, as shown on plat recorded in Book of Maps 1977, Pages 799 and 878, Wake County Registry, and described in Book 2571, Page 287 and Book 3028, Page 755, Wake County Registry. In the Substitute Trusteeʼs 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. The record owner(s) of the real property not more than ten days prior to the date hereof are David W. Goodall and wife, Jennifer E. Goodall. The real property hereinabove described is being offered for sale “AS IS, WHERE IS” and will be sold subject to all superior liens and judgments, unpaid taxes, special assessments, conditions, easements and restrictions of record. The sale will be held open for (10) days for upset bids as by law allowed. This sale will be further subject to the right, if any, of the United States of America to redeem the abovedescribed property for a period of 120 days following the date when the final upset bid period has run. The purchaser of the property described above shall pay the Clerkʼs Commissions in the amount of $.45 per $100.00 of the purchase price (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. 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 daysʼ 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. If the Substitute 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 and the reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee in his sole discretion, if he believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Terms of the sale of the above tract of land in Wake County, including the amount of the cash deposit, if any, to be made by the highest bidder at the sale are: FIVE (5%) of the amount of the highest bid must be deposited with the Substitute Trustee or his agent pending confirmation of the sale. DATED this 3rd day of June, 2013. LUTHER D. STARLING, JR., SUBSTITUTE TRUSTEE By virtue of the instrument recorded in Book 15249, page 1222, Wake County Registry, NC POSTED AT THE WAKE COUNTY COURTHOUSE DOOR ON THE 3rd DAY OF JUNE, 2013. DWLS FV 6/19, 6/26

and judgments, unpaid taxes, special assessments, conditions, easements and restrictions of record. The sale will be held open for (10) days for upset bids as by law allowed. This sale will be further subject to the right, if any, of the United States of America to redeem the abovedescribed property for a period of 120 days following the date when the final upset bid period has run. The purchaser of the property described above shall pay the Clerkʼs Commissions in the amount of $.45 per $100.00 of the purchase price LEGALS (up to a maximum amount of $500.00), required by Section 7A-308(a)(1) of the North Carolina General Statutes. If the purchaser of the above described property is someone other than the Beneficiary under the Deed of Trust, the purchaser shall also pay, to the extent applicable, the land transfer tax in the amount of one percent (1%) of the purchase price. 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 daysʼ 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. If the Substitute 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 and the reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee in his sole discretion, if he believes the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy. Terms of the sale of the above tract of land in Wake County, including the amount of the cash deposit, if any, to be made by the highest bidder at the sale are: FIVE (5%) of the amount of the highest bid must be deposited with the Substitute Trustee or his agent pending confirmation of the sale. DATED this 3rd day of June, 2013. LUTHER D. STARLING, JR., SUBSTITUTE TRUSTEE By virtue of the instrument recorded in Book 15249, page 1222, Wake County Registry, NC POSTED AT THE WAKE COUNTY COURTHOUSE DOOR ON THE 3rd DAY OF JUNE, 2013. DWLS FV 6/19, 6/26

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