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NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY Under and by virtue of the power and authority contained in N.C.G.S. § 47F-3-116, and in the Declaration of Restrictions affecting Parkwood recorded at Book 269, Page 675, Durham County Registry, as amended and supplemented, and because of the failure to pay the assessments, late fees and other related fees imposed by Parkwood Association (the "Association"), which assessments and fees are secured by a Claim of Lien which is of record in the office of the Durham County Clerk of Court at file number 25-M-2, and pursuant to orders entered in file number 25-SP-185, Superior Court of Durham County, North Carolina, the undersigned Trustee will expose for sale at public auction to the highest bidder for cash the following real estate located in Durham County, North Carolina: LYING ON THE NORTH SIDE OF SINNOTT CIRCLE, AND BEING ALL OF LOT 173, SECTION 2-B, OR PARKWOOD SUBDIVISION, AS PER PLAT AND SURVEY THEREOF ON FILE IN PLAT BOOK 36, PAGE 31, DURHAM COUNTY REGISTRY, TO WHICH PLAT REFERENCE IS EHREBY MADE FOR A MORE PARTICULAR DESCRIPTION OF SAME. (the "Property"). Property commonly known as: 15 Sinnott Circle, Durham, NC 27713 Present Record Owner(s): James N. McCulloch Date and Hour for Sale: September 4th, 2025 at 10:30 a.m. Place of Sale: Durham County Courthouse, 510 S Dillard St, Durham, NC 27701 The sale will be made subject to all encumbrances existing prior to the recording of the Claim of Lien, including all liens, mortgages and deeds of trust, and also will be subject to all taxes and special assessments outstanding against the property. This sale will be further subject to the right, if any, of the United States of America to redeem the herein-described property for a period of one-hundred twenty (120) days following confirmation of the sale. 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 Association, or both, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Trustee or the Association 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 conditions are expressly disclaimed. Should the property be purchased by a party other than the Association, that purchaser must pay, in addition to the amount bid, the following items: (a) the tax required by §7A-308(a)(1) of the North Carolina General Statutes of forty-five cents per one hundred dollars ($100.00) of the bid amount up to a maximum tax of five hundred dollars ($500.00), and (b) the excise tax on conveyance required by §105-228.28 et. seq. of the North Carolina General Statutes of one dollar ($1.00) per five hundred dollars ($500.00) or fractional part thereof of the bid amount. Pursuant to N.C.G.S. §45-21.10(b), the successful bidder at sale may be required to make an immediate cash deposit or certified check not to exceed the greater of five percent (5%) of the amount bid or seven hundred fifty and no/100 dollars ($750.00). In the event that the holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee's Deed, any land transfer tax, and the tax required by N.C.G.S. §7A-308(a)(1). Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified check at the time the Trustee tenders to him a deed for the property or attempts to tender such deed, and should said successful bidder fail to pay the full balance of the purchase price so bid at that time, he shall remain liable on his bid as provided for in N.C.G.S. §45-21.30(d) and (e). The owner and holder of the indebtedness secured by the Claim of Lien may make a credit bid. The upset bids procedure of §45-21.27 of the North Carolina General Statutes is applicable to this sale. Pursuant to N.C. Gen. Stat. § 45-21.16A(b), Trustee also gives notice that (1) 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, and (2) 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. 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 for such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to expiration of the upset bid period and/or 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 declare the sale to be void and return the deposit. The purchaser will have no further remedy. The sale will be held open for ten (10) days for upset bids as required by law. Date of this Notice: July 21, 2025 Aaron M. Rosby, Attorney for Trustee State Bar No. 61963 111 Cloister Ct., Suite 200, Chapel Hill, North Carolina 27514 Phone: (919) 401-0062 | E-mail: arosby@bhspa.com Posted: July 21, 2025 IPL0256833 Aug 19,26 2025
Post Date: 08/19 12:00 AM
Refcode: #IPL0256833 
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