18 SP 1455 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, FORSYTH COUNTY Under and by virtue of a Power of Sale contained in that certain Deed of Trust executed by Mark L. Warner, a married man and Stacey Westerberg Warner, a non titled spouse signing for homestead/marital status only to H. Terry Hutchens, Esquire, Trustee, for the benefit of Mortgage Electronic Registration Systems Inc., as nominee for Freedom Mortgage Corporation, which was dated December 11, 2015 and recorded on December 18, 2015 in Book RE 3264 at Page 820, Forsyth County Registry, North Carolina. Default having been made of the note thereby secured by the said Deed of Trust and the undersigned, having been substituted as Trustee in said Deed of Trust, and the holder of the note evidencing said default having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the county courthouse where the property is located, or the usual and customary location at the county courthouse for conducting the sale on July 9, 2019 at 11:00 AM, and will sell to the highest bidder for cash the following described property situated in Forsyth County, North Carolina, to wit: Beginning at an iron stake, the northeasternmost corner of the tract of land deeded to Lewis W. Conrad and his wife, Phyllis B. Conrad by deed recorded in Deed Book 958, Page 116, in the Office of the Register of Deeds of Forsyth County, North Carolina, proceeding thence with the northernmost line of said Conrad, South 75º 09' West 215.66 feet to an iron stake in the line of B.H. Yarbrough Heirs, thence with the line of said Yarbrough Heirs North 03º 06' East 224.29 feet to an iron stake, a new corner with D.P. Aaron, thence on a new line with said Aaron South 89º 54' East 205.27 feet to an iron stake in the line of Ella Mae Beck Shields, thence with the line of said Shields South 03º 05' West 168.92 feet to the point of beginning, containing approximately .93 acres and all being in accordance with an unrecorded survey dated October 2, 1972, by Joseph A. Franklyn, RLS, and including and being subject to the right of ingress and egress granted to Lewis E. Conrad, and wife, Phyllis N. Conrad over a strip of land 40 feet in width extending 40 feet in width over the easternmost boundary of D.P. Aaron from the southeasternmost right-of-way line of Spicewood Drive to the northernmost boundary of the said Conrad property described in Deed Book 958, Page 116 in the Office of the Register of Deeds of Forsyth County, North Carolina. Assessor's Parcel No.: 5897-80-3464.000 Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 2471 Conrad Oaks Lane, Winston Salem, NC 27106. A cash deposit (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. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance "AS IS WHERE IS." There are no representations of 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. This sale is made subject to any and all superior liens, including taxes and special assessments. To the best of the knowledge and belief of the undersigned, the current owner(s) of the property is/are Mark L. Warner. An Order for possession of the property may be issued pursuant to N.C. Gen. Stat. § 45-21.29, in favor of the purchaser and against the party or parties 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 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 no more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. The notice shall also state that 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 [N.C. Gen. Stat. § 45-21.16(b)(2)]. 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. 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 their sole discretion, if they believe 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. Cape Fear Trustee Services, LLC, Substitute Trustee _______, Attorney J. Martin Page, NCSB No. 43852 Aaron Seagroves, NCSB No. 50979 PHONE: 803.509.5078 FAX: 803.753.9841 WSJ: June 26, July 3, 2019