AMENDED NOTICE OF FORECLOSURE SALE FILE NUMBER: 22 SP | Legal Announcements
AMENDED NOTICE OF FORECLOSURE SALE
FILE NUMBER: 22 SP 328
Date Posted: ______________
Under and by virtue of the power of sale contained in a certain Deed of Trust executed by EVAN D. STOCKTON AND BARBARA J STOCKTON payable to CITYWORTH MORTGAGE LLC, Lender, to DEVAN L. SHUMWAY, Trustee, dated March 15, 2017, and recorded in Book 3495, Page 694 and further modified by Agreement recorded on August 27, 2019 in Book 3582, Page 917 of the Craven County Public Registry by Goddard & Peterson, PLLC, Substitute Trustee, default having been made in the terms of agreement set forth by the loan agreement secured by the said Deed of Trust and the undersigned, Goddard & Peterson, PLLC, , having been substituted as Successor Trustee in said Deed of Trust by an instrument duly recorded in the Official Records of Craven County, North Carolina, in Book 3744, Page 1922, 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 courthouse door in Craven County, North Carolina,
or the customary location designated for foreclosure sales, on Wednesday December 6, 2023 at 11:00 AM, and will sell to the highest bidder for cash the following real estate situated in the County of Craven, North Carolina, and being more particularly described as follows:
PARCEL IDENTIFICATION NUMBER(S): 5-006-3 -022
ADDRESS: 302 WAR ADMIRAL DR HAVELOCK, NC 28532
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF NORTH CAROLINA, COUNTY
OF CRAVEN, AND IS DESCRIBED IN DEED BOOK , PAGE AS FOLLOWS:
ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING SITUATE IN NUMBER FIVE TOWNSHIP, CRAVEN COUNTY, NORTH CAROLINA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT NO. 22, WHITE HORSE RUN AT CHERRY BRANCH, SECTION I, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT CABINET E, SLIDE 120, CRAVEN COUNTY REGISTRY, TOGETHER WITH A PERPETUAL EASEMENT APPURTENANT OF INGRESS, EGRESS, AND REGRESS OVER THE NAMED STREETS AND RECREATIONAL AREA AS SHOWN ON SAID PLAT.
THIS CONVEYANCE IS MADE SUBJECT TO THOSE CERTAIN RESTRICTIVE AND PROTECTIVE COVENANTS APPEARING OF RECORD IN BOOK 1178, PAGE 184, AND AS AMENDED IN BOOK 1180, PAGE 422, CRAVEN COUNTY REGISTRY.
PRESENT RECORD OWNER(S): EVAN D. STOCKTON AND BARBARA J STOCKTON
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §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 representative of either the Trustee or the holder of the note make any representation or 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 are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, 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.
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 its sole discretion, if it believes 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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property: An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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 IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, except as stated below in the instance of bankruptcy protection.
IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANK-RUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Thomas R. Goddard
Goddard & Peterson, PLLC
125 B Williamsboro Street
Oxford, NC 27565
November 21, 28, 2023