NORTH CAROLINASAMPSON COUNTYIN THE GENERAL COURT OF JUSTICESUPERIOR COURT DIVISIONBEFORE THE CLERK14 SP 176 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM DONALD I. ATKINSON, SR. AND WIFE, LISA B. ATKINSON, DATED APRIL 29, 2004, RECORDED IN BOOK 1538, PAGE 927, SAMPSON COUNTY REGISTRYNOTICE OF FORECLOSURE SALEPursuant to an order entered November 20, 2014, in the Superior Court for Sampson 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 INCLINTON, SAMPSON COUNTY, NORTH CAROLINAON DECEMBER 30, 2014,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 Sampson County, North Carolina, and being more particularly described as follows:BEGINNING at a stake on the northern edge of a lane on the Old Wilmington-Raleigh Road, and runs thence with said lane North 88 degrees 35 minutes West 2553 feet to a stake, Lister’s corner; thence with the Lister line South 1 degree 25 minutes West 830 feet to a stake, Lister’s corner; thence with Lister’s line South 88 degrees 35 minutes East 1200 feet to a stake, Lister’s corner; thence with the Lister line North 1 degrees 25 minutes East 806 feet to a stake on the Southern edge of said lane; thence with said lane South 88 degrees 35 minutes East 1353 feet to a stake on the old Wilmington-Raleigh Road; thence in a northerly direction with said road 24 feet to the beginning, containing 23.61 acres, more or less, and being the same lands described in deed from Rupert Earl Dail and wife, Betty Byrd Dail, to Louis A. Brewer and wife, Peggy S. Brewer, dated January 9, 1964 and duly recorded in the office of the Register of Deeds of Sampson County. Also being the same land described in deed dated September 16, 1986 by Louis A. Brewer and wife, Peggy S. Brewer to Tina S. Brewer and duly recorded in Vol. 1046, at Page 213 of the Sampson County Public Registry. And conveyed to Louis Todd Brewer by deed recorded in Vo. 1065, Page 90, Sampson County Registry.In the Trustee’s 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 owners of the real property not more than ten days prior to the date hereof are Donald I. Atkinson, Sr. and wife, Lisa B. Atkinson.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 above-described 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 Clerk’s 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 days’ 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 20th day of November, 2014.By: James S. Livermon, Jr., Esq.Substitute TrusteeP.O. Box 217Enfield, NC 27823Telephone: (252) 445-5188 The Sampson IndependentDecember 21 and December 28, 2014.c.
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