IN THE GENERAL COURT
OF JUSTICE
OF NORTH CAROLINA
SUPERIOR COURT DIVISION
FRANKLIN COUNTY
11SP372
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WALTER M. MITCHELL AND MARGARET G. MITCHELL DATED AUGUST 27, 2005 AND RECORDED IN BOOK 1494 AT PAGE 570 IN THE FRANKLIN COUNTY PUBLIC REGISTRY, NORTH CAROLINA
Under and by virtue of the power and authority contained in the above-referenced deed of trust and because of default in the payment of the secured indebtedness and failure to perform the stipulation and agreements therein contained and, pursuant to demand of the owner and holder of the secured debt, the undersigned substitute trustee will expose for sale at public auction to the highest bidder for cash at the usual place of sale at the county courthouse of said county at 2:00 PM on February 17, 2012 the following described real estate and any other improvements which may be situated thereon, in Franklin County, North Carolina, and being more particularly described as follows:
Beginning at a stake, southeast corner of the Joyner and Winston Street sidewalks intersection; thence N 74 deg E 63.8 feet to a stake; thence S 17 deg 45 min E 110 feet to a stake; thence S 74 deg W. 63.8 feet to a stake on the sidewalk of Winston Street; thence 17 deg 45 min W 110 feet to a stake; the point of beginning and being that certain lot surveyed by Phil R. Insaoe RLS, 6-19-64 for Walter K. Mitchell and wife.
And Being more commonly known as: 200 Joyner St, Franklinton, NC 27525
The record owner(s) of the property, as reflected on the records of the Register of Deeds, is/are Walter M. Mitchell and Margaret G. Mitchell.
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, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representative of either 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. Any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments including but not limited to any transfer tax associated with the foreclosure. 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. This sale will be held open ten days for upset bids as required by law. Following the expiration of the statutory upset period, all remaining amounts are IMMEDIATELY DUE AND OWING. Failure to remit funds in a timely manner will result in a Declaration of Default and any deposit will be frozen pending the outcome of any re-sale.
SPECIAL NOTICE FOR LEASEHOLD TENANTS: If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
The date of this Notice is January 30, 2012.
Attorney for Substitute Trustee
10130 Perimeter Parkway, Suite 400
Charlotte, NC 28216
(704) 333-8107
http://shapiroattorneys.com/nc/
11-019164