18 SP 1340 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 Gene M. Nowakowski to Shapiro & Ingle, LLP, Trustee, for the benefit of Mortgage Electronic Registration Systems Inc. as nominee for CMG Mortgage, Inc. dba CMG Financial, which was dated December 26, 2013 and recorded on January 13, 2014 in Book 3162 at Page 2069, 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 19, at 11:30 AM and will sell to the highest bidder for cash the following described property situated in Forsyth County, North Carolina, to wit: All that parcel of land lying in Winston Township, County of Forsyth and State of North Carolina as shown on a survey dated March 29, 1996 by Daniel W. Donathan, Registered Land Surveyor and being described more particularly as follows: Beginning at an iron stake lying in the eastern right of way line of Leinbach Drive, Southwest corner of the Property of James D. Pence (R.B. 1870, page 3006 Tax Block 3488, Lot 406) and running thence North 85 degrees 14 minutes 53 seconds East 184.69 feet to an iron stake; running thence North 37 degrees 01 minutes 53 seconds East 80.12 feet to an iron stake, Northwest corner of the property of Wade H. Butler (DB 1754, page 2420 Tax Block 3488, Lot 402); running thence South 18 degrees 06 minutes 45 seconds East 167.75 feet to an iron stake, Northeast corner of the property of Kenneth A. Leichtle (Deed Book 1254, page 257 Block 3488, page 807); running thence South 75 degrees 51 minutes 35 seconds West 281.19 feet to an iron stake located in the east right of way line of Leinbach Drive; and running thence with the eastern right of way line of Leinbach Drive (SR 5200) along a continuous clockwise curve, a chord of North 04 degrees 31 minutes 35 seconds west 149.34 feet to the point and place of beginning. Save and except any releases, deeds of release or prior conveyances of record. Said property is commonly known as 4715 Leinbach Drive, 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 Gene M. Nowakowski. 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 Aaron Seagroves, NCSB No. 50979 William Harris, NCSB No. 46833 PHONE: 803.509.5078 FAX: 803.753.9841 WSJ: July 5, 12, 2019