AMENDED NOTICE OF FORECLOSURE SALE
23SP000007-930
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Delia L Leary (PRESENT RECORD OWNER(S): Delia L Leary) to Kimberly M. Futrell, Trustee(s), dated September 21, 2007, and recorded in Book No. 448, at Page 772 in Washington County Registry, North Carolina, default having been made in the payment of the promissory note 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 Washington 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 Plymouth, Washington County, North Carolina, or the customary location designated for foreclosure sales, at 10:30 AM on May 6, 2025 and will sell to the highest bidder for cash the following real estate situated in Roper in the County of Washington, North Carolina, and being more particularly described as follows:
All that certain parcel of land in Lees Mill Township, Washington County, State of NC, as more fully described in Book 448 Page 497 ID# 5642, 9848, Being known and designated as Lot 2, Map entitled Cypress Shores Estates - Section Two, filed in Plat Cabinet No. 2 at Slide 183 - E Drawn by Timothy J. Esolen, Registered Surveyor, L-3365, Revised date June 9, 2000. Together with improvements located thereon; said property being located at 12067 NC Highway 32 North, Roper, North Carolina.
Being the same fee simple property conveyed by Deed from Louis Wilkins Enterprises, Inc., a North Carolina Corporation by Louis Wilkins President to Delia Freeman, dated 09/11/2007 recorded on 09/11/2007 in Book 448, Page 497 in Washington County Records, State of NC.
Trustee may, in the Trustee's sole discretion, delay the sale for up to one hour as provided in N.C.G.S. §45-21.23.
Should the property be purchased by a third party, that party must pay the excise tax, as well as the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. §7A-308(a)(1), and agrees to pay the one percent (1%) grantors tax levied by Washington County.
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 are expressly disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or prior encumbrances of record and any recorded releases. Said property is also being sold subject to applicable Federal and State laws.
A deposit of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, is required and must be tendered in the form of certified funds at the time of the sale.
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 its sole discretion, if it believes 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.
Additional Notice for Residential Property with Less than 15 rental units, including Single-Family Residential Real Property
An order for possession of the property may be issued pursuant to N.C.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 foreclosure 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 not more than 90 days, after the sale date contained in this notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. 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.
SUBSTITUTE TRUSTEE SERVICES, INC.
SUBSTITUTE TRUSTEE
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
https://sales.hutchenslawfirm.com
Firm Case No: 6333 – 24304
April 23 and 30, 2024 2524
FILE NO. 25 SP 000013 - 930
FILM NO.
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
NORTH CAROLINA
WASHINGTON COUNTY
WILLIAM JEFFERY GRIFFIN and )
TIMOTHY RAWLS GRIFFIN as )
Co-Executors of the ESTATE of ) MYRTLE R. GRIFFIN, )
Petitioners, )
- )
TIMOTHY RAWLS GRIFFIN; DEBRA )
LYNN GRIFFIN; TERRI GRIFFIN ) TAYLOR; WILLIAM JEFFERY GRIFFIN; )
VERLIN KEITH GRIFFIN by and through )
his guardian, WILLIAM JEFFREY )
GRIFFIN; WILLIAM JEFFERY GRIFFIN )
and TIMOTHY R. GRIFFIN as Co-Trustees )
of the MYRTLE R. GRIFFIN LIVING )
TRUST under Agreement dated the 21st day )
of December, 2009; )
Respondents. )
NOTICE
A Petition has been duly filed in this Court by William Jeffrey Griffin and Timothy Rawls Griffin as Co-Executors of the Estate of Myrtle R. Griffin, Petitioners, setting forth the following allegations and asking for an order that new Certificates of Title for certain parcels of real property owned by Myrtle R. Griffin, deceased, be issued as more specifically described therein:
- Myrtle R. Griffin, deceased, owned an interest in the following parcels of land located in Washington County, North Carolina, which are part of that tract of land the title to which was registered under Chapter 90 of the public laws of 1914 being now Chapter 43 of the General Statutes of North Carolina: Registered Estates Nos. 487, 493, 509 and 510, descriptions of each property being attached hereto as Exhibit A.
- Pursuant to Item V of the Last Will and Testament of the Myrtle Griffin, the Petitioners request that new Certificates of Title should be issued for Registered Estates Nos. 487, 493, 509 and 510 in the sole name of Respondent WILLIAM JEFFREY GRIFFIN and TIMOTHY RAWLS GRIFFIN, CO-TRUSTEES OF THE MYRTLE R. GRIFFIN LIVING TRUST UNDER AGREEMENT DATED THE 21ST DAY OF DECEMBER, 2009. There are no encumbrances on any of the aforesaid Registered Estates except the following:
- 2025 and subsequent years Washington County taxes.
- Registered Estates Nos. 493 and 487 are subject to a deed of dedication executed by Lake Phelps Farms, Inc., recorded in Book 12, Page 193, Washington County Public Registry.
- Portions of Registered Estates Nos. 509 and 510 are subject to a deed of dedication executed by Lake Phelps Farm, Inc., recorded in Book 12, Page 339, Washington County Public Registry.
- Registered Estates Nos. 509 and 510 are subject to a right of way reservation unto the Trustee and Beneficiary of the deed of trust recorded in Book 89, Page 310, Washington County Public Registry. Said reservation is set out in a deed of release executed by the Connecticut General Life Insurance Company et al to Lake Phelps Farm, Inc., recorded in Book 12, Page 509, Washington County Public Registry.
All persons, corporations or others having or claiming any interest or estate in Registered Estates Nos. 4487, 493, 509 and 510 are notified to appear before the Clerk of the Superior Court of Washington County, North Carolina, on the 4th day of June, 2025 at 11:00 a.m. Failure to do so will or may jeopardize any claim or right of ownership that you may or might have in said described lands.
Brian Keith Phelps
Clerk of Superior Court
Washington County, North Carolina
Exhibit A
First Tract, Registered Estate No. 487: Beginning at a point in the center line of B Canal and which said point stands 648 feet on a course of South 26 degrees 40 minutes West from the southwesterly corner of Lot 78 as the same is shown upon a plat recorded in Map Book 1, page 4, Washington County Registry; running thence with the center line of B Canal South 26 degrees 40 minutes West 672 feet; running thence South 63 degrees 20 minutes East 2640 feet; running thence North 26 degrees 40 minutes East 672 feet to the southeasterly corner of a 39.27 acre tract of land conveyed to C. B. Manning et al. from Lake Phelps Farms, Inc.; running thence with the southerly line of said 39.27 acre tract North 63 degrees 20 minutes West 2640 feet to the point of beginning, containing 40.73 acres, more or less. The courses herein set out are magnetic for the year 1917.
The Certificate of Title for Registered Estate No. 487 is recorded in Book 16, Page 519, Washington County Public Registry.
Second Tract, Registered Estate No. 493: Beginning at a point in the center line of B Canal at the southwesterly corner of Lot No. 77, as the same is shown upon a plat recorded in Map Book 1, page 4, Washington County Registry; running thence with the southerly line of Lot 77 South 63 degrees 20 minutes East 2640 feet; running thence South 26 degrees 40 minutes West 973.5 feet to the northeasterly corner of a 21 acre tract of land conveyed to George H. Manning from Lake Phelps Farms, Inc., running thence with the northerly line of said 21 acre tract North 63 degrees 20 minutes West 2640 feet to a point in the center line of B Canal; running thence with the center line of B Canal; running thence with the center line of B Canal North 26 degrees 40 minutes East 973.5 feet to the point of beginning, containing 59 acres, more or less. The courses herein set out are magnetic for the year 1917.
The Certificate of Title for Registered Estate No. 493 is recorded in Book 16, Page 518, Washington County Public Registry.
Third Tract, Registered Estate No. 509: Beginning at a point in the center line of C Canal at the southeasterly corner of a 120.75 acre tract conveyed from Lake Phelps Farms, Inc. to C. B. Manning et al.; running thence with the southerly line of said 120.75 acre tract North 63 degrees 20 minutes West 2668.5 feet to the southwesterly corner of said 120.75 acre tract; running thence South 26 degrees 40 minutes West 1467.5 feet to a railroad iron standing in the eastern line of Lot No. 4 in the subdivision of Registered Estate No. 148, Book 3, Page 178, Washington County Registry; running thence North 71 degrees 40 minutes East 1867.8 feet to a railroad iron; running thence South 63 degrees 20 minutes East 1347 feet to a point in the center line of C Canal; running thence with the center line of C Canal North 26 degrees 55 minutes East 147.5 feet to the point of beginning, containing 29 acres, more or less. The courses herein set out are magnetic for the year 1917.
The Certificate of Title for Registered Estate No. 509 is recorded in Book 16, Page 520, Washington County Public Registry.
Fourth Tract, Registered Estate No. 510: Beginning at a point which stands 346.5 feet on a course of North 26 degrees 40 minutes East from the northeasterly corner of Lot 75 as the same is shown upon a plat recorded in Map Book 1, Page 4, Washington County Registry, said beginning point being also located at the northeasterly corner of a 21 acre tract of land conveyed to George H. Manning from Lake Phelps Farms, Inc.; running thence with the northerly line of a 15.17 acre tract of land conveyed to George H. Manning from Lake Phelps Farms, Inc., South 63 degrees 20 minutes East 2660 feet to a point in the center line of C Canal; running thence with the center line of C Canal North 26 degrees 55 minutes East 1491.5 feet to a point in the southerly line of what is now or was formerly Registered Estate No. 507, Book 12, Page 425; running thence North 63 degrees 20 minutes West 1347 feet; thence South 71 degrees 40 minutes West 1867.8 feet; thence South 26 degrees 40 minutes West 171.5 feet to the point of beginning, containing 71.27 acres, more or less. The courses herein set out are magnetic for the year 1917.
The Certificate of Title for Registered Estate No. 510 is recorded in Book 16, Page 522, Washington County Public Registry.
The foregoing four (4) tracts of land (Registered Estates Nos. 487, 493, 509 and 510) are the same as contained in the Deed and Transfer dated the 21st day of February, 1980, by John Griffin and wife, Jean Griffin, to Verlin Griffin and wife, Myrtle R. Griffin, of record in Book 16, Page 514, Washington County Public Registry.
April 30 and May 7, 14 and 21, 2025 2525