JANUARY 30, 2018 AT 10AM
UNDER AND BY VIRTUE OF A WRIT OF EXECUTION issued pursuant to the judgment entered on January 28, 2016, in Cumberland County case number 15CVS8590 and a writ of execution being issued by the Clerk of Superior Court of Cumberland County on October 19, 2018, directed to the undersigned Sheriff from the Clerk of Superior Court in the above-referenced civil action. The below listed property, that is, such right, title, and interest that the judgment debtor owned or may have owned at the time of the docketing of the judgment in this county, or owns or may own in the following described real property, which is subject to sale under execution, will be offered at auction for cash to the highest bidder on the 30th day of January, 2019 at 10:00 a.m., on the front steps of the Cumberland County Courthouse, 117 Dick Street, Fayetteville, North Carolina, described as follows:
PARCEL 1: BEING all of lot 1, Block “B” of Holly Springs, Part 3 Subdivision, according to a plat recorded inPlat Book 17, Page 68A, Cumberland County Registry and being the same property conveyed to Daniel T. Dukes and wife, Hattie T. Dukes by deed recorded in Book 5667, Page 181 aforesaid registry. Hattie T. Dukes died in Cumberland County on October 18, 2009 (see Death Book 268, Page 26) and the property passed to Daniel T. Dukes as the surviving tenant by the entirety.
This property is being sold “AS IS, WHERE IS” and the sale shall be subject to all superior, senior, or prior liens, mortgages, easements, encumbrances, unpaid taxes and special assessments which were or became effective of the record prior to the lien of the judgment under which this sale is being held.
The sale shall be held open for ten (10) days for the filing of upset bids as required by law. Thereafter, the successful bidder shall be required to complete the transaction at the time and place set or as determined by the Clerk of Superior Court. No sale is final until confirmed by the Clerk of Superior Court of the county from which the judgment and writ of execution issued.
The successful bidder (if any) shall be required at the time of the sale to execute a written memorandum of offer to purchase by means of the prevailing bid allotted and to make a deposit in cash or by bank check or certified funds, a sum equal to ten percent (10%) of the amount of the bid (to be forfeited and applied toward defraying the costs and expenses in the event the successful bidder or bidders fail to complete the sale or honor the bid), and with the remaining amount due on tender of the deed. These terms shall in no way restrict or limit other remedies, which may be used against a defaulting bidder.
This sale is subject to and shall be governed by the provisions of Article 29B of Chapter 1 of the North Carolina General Statues.