Serving Kenly, Selma, Smithfield, Princeton & Pine Level since 1973

NORTH CAROLINA JOHNSTON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE …

NORTH CAROLINA JOHNSTON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK FILE NO. 19-SP-38 In the Matter of the Foreclosure of the Deed of Trust of : JORGE DANIEL DE PAZ LOPEZ, Grantor(s), to DON R. WELLS, TRUSTEE, as recorded in Book 5116, Page 747, Johnston County Register of Deeds. See appointment of Substitute Trustee recorded in Book 5276, Page 488, Johnston County Register of Deeds NOTICE OF FORECLOSURE SALE Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by JORGE DANIEL DE PAZ LOPEZ dated March 15, 2018 and recorded in Book 5116, Page 747, in the Office of the Register of Deeds of Johnston County, North Carolina, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of the owner and holder of the indebtedness secured by said Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Johnston County, North Carolina, entered in this foreclosure proceeding, the undersigned, Gordon C. Woodruff, Substitute Trustee, will expose for sale at public auction on March 28, 2019 at 12:01 p.m. on the steps of the Johnston County Courthouse, Smithfield, North Carolina, the following described real property (including the house, if any, and any other improvements thereon): Being all of that real property described in that Deed of Trust recorded in Book 5116, Page 747, Johnston 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. Property Address: 140 Sheffield Drive, Four Oaks, NC 27524 Present Owner: Jorge Daniel De Paz Lopez The property to be offered pursuant to this Notice is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” Neither the undersigned 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 undersigned 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, or, 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. An order for possession of the property may be issued pursuant to N.C.G.S. Section 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. In accordance with N.C.G.S. Section 45-21.16A(b), in the event that this Notice relates to residential real property with less than fifteen (15) rental units, 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, terminate the rental agreement upon ten (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. The sale will be made subject to (1) all prior sales, releases, to all prior deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters of record; (2) property taxes and assessments for the year in which the sale occurs and any prior years; (3) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; (4) federal tax liens to which proper notice was given to the Internal Revenue Service and (5) any taxes or fees payable upon transfer, if any. Pursuant to N.C.G.S. Section 45-21.10 (b), and the terms of the Deed of Trust, any successful bidder will be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of Five Percent (5%) of the bid amount or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Substitute Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at the time, he shall remain liable on his bid as provided for in N.C.G.S. Section 45-21.30 (d) and (e). This sale will be held open ten (10) days for upset bids as required by law. This the 5th day of March, 2019. Gordon C. Woodruff, Substitute Trustee Post Office Box 708 Smithfield, NC 27577 (919) 934-4000 (telephone) (919) 934-5884 (facsimile) State Bar No. 7408

3:13,20/2019

Posted 12/31/1969