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NOTICE OF FORECLOSURE SALE STATE OF NORTH CAROLINA COUNTY OF DURHAM IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 25SP000472-310 UNDER AND BY VIRTUE of the power and authority contained in that certain Order Allowing Foreclosure Sale entered by the Clerk of Superior Court and dated August 28, 2025, the undersigned Trustee offers through Public Sale the following property: BEING ALL OF LOT 102-A, HOMEPLACE AT FORTUNES RIDGE, PHASE 4, A PART OF WOODCROFT, AS SHOWN ON MAP RECORDED IN BOOK OF MAPS 111, PAGE 2-3, DURHAM COUNTY REGISTRY commonly known as 5500 Fortunes Ridge Drive, 102-A, Durham, NC 27713 (hereinafter "Property"). The sale is to be by public auction, on October 27, 2025 at the courthouse steps of the Durham County Courthouse, or the usual and customary location at the county courthouse for conducting the sale and will sell to the highest bidder for cash the described Property. TRUSTEE'S OBLIGATION TO CLOSE IS CONTINGENT UPON A 10 DAY UPSET BID PROCESS AND ANY OTHER PROCESSES REQUIRED BY LAW OR THE COURT AS PART OF THE ABOVE CAPTIONED SPECIAL PROCEEDING. A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, payable to Hopler, Wilms, & Hanna, PLLC, will be required at the time of sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing. Pursuant to N.C.G.S. § 45-21.30, if the highest bidder at the sale, resale, or any upset bidder fails to comply with its bid upon the tender of a deed for the real property, or after a bona fide attempt to tender such a deed, the clerk of superior court may, upon motion, enter an order authorizing a resale of the real property. The defaulting bidder at any sale or resale or any defaulting upset bidder is liable for the bid made, and in case a resale if had because of such default, shall remain liable to the extent that the final sale price is less than the bid plus all the costs of any resale. Any deposit or compliance bond made by the defaulting bidder shall secure payment of the amount, if any, for which the defaulting bidder remains liable under N.C.G.S. § 45-21.30. THIRD PARTY PURCHASERS MUST PAY THE EXCISE TAX AND THE RECORDING COSTS FOR THEIR DEED. The Property will be sold "AS IS, WHERE IS;" the Trustee makes no representations or warranties relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the real 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 of the Property Erin E. Smith. 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 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. This the 16th day of September, 2025. Karli B. Guyther, Esq. NCSB: 54842 Hopler, Wilms, & Hanna, PLLC 2314 S. Miami Blvd. Ste. 151 Durham, NC 27703 Telephone: (919) 244-2019 Attorney for Petitioner IPL0273938 Sep 19,26 2025
Post Date: 09/19 12:00 AM
Refcode: #IPL0273938 
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