NOTICE OF FORECLOSURE SALE
Published 12:00 pm Thursday, April 2, 2009
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Kenneth L. Cosgriff (Kenneth L. Cosgriff,deceased)
(Heir of Kenneth L. Cosgriff: Carolyn J. Martin aka Carolyn Martin aka Carolyn Stewart Cosgriff, Debra Cosgriff Dahmer, Kymberly Cosgriff Osterbind, Michael A. Cosgriff, Lissa C. Mann and Unknown Heirs of Kenneth L. Cosgriff) to Michael L. Riddle, Trustee(s), dated the 13th day of July, 2001, and recorded in Book 583, Page 403, Hertford 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, Substitute Trustee Services, Inc. having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Hertford 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 courthouse door in the City of Winton, Hertford County, North Carolina at 11:00 am on April 16, 2009 and will sell to the highest bidder for cash the following real estate situated in the County of Hertford, North Carolina, and being more particularly described as follows:
All that part, parcel or lot of land lying and being in Ahoskie Township, Hertford County, North Carolina and BEGINNING at an iron pipe, a corner for this lot and property of New Hope Church and being along the southern right of way of NC 42 and being South 71 degrees 34 minutes 01 second East 952.73 feet from a PKN at the intersection of the center line of NC 42 with the center line of SR 1106; thence along said NC 42 South 74 degrees 39 minutes 19 seconds East 14 feet to an iron stake a corner for this lot and property of Lucille B. Nichols; thence along said Nichols line South 16 degrees 43 minutes 16 seconds West 210.47 feet to an iron stake, a corner; then continuing along said Nichols line North 75 degrees 02 minutes 51 seconds East 84.30 feet to an iron pipe, a corner for this lot and property of Melvin & Joyce Nichols; thence along said Nichols line South 16 degrees 14 minutes 19 seconds West 207.40 feet to an iron pipe, a corner for this lot and property of New Hope Church; thence along said Church line North 73 degrees 03 minutes 20 seconds West 100.00 feet to an iron pipe, a corner for this lot and other property of New Hope Church; thence along said Church line North 16 degrees 43 minutes 16 seconds East 203.97 feet to an iron stake, then continuing North 16 degrees 43 minutes 16 seconds East 210.57 feet to an iron pipe, the point and place of BEGINNING, same containing 0.53 acre according to map of survey entitled “Property of Kenneth L. Cosgriff” made June 28, 2001 by Linwood L. Rawls, RLS, L-1241. For further reference see deed from Ethel R. Campbell to Kenneth L. Cosgriff recorded February 9, 2001 in Book 576, Page 578, Hertford County Registry. Together with improvements located thereon; said property being located at 333-B NC 42 West, Ahoskie, North Carolina.
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in
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 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 expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.
A cash deposit or cashier’s check (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.
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 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 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 BANKRUPTCY 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.
This March 26, 2009.
Attorney at Law
The Law Firm of Hutchens, Senter & Britton, P.A.
Attorneys for Substitute Trustee Services, Inc.
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Case No: 707.137690