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MATTER OF FORECLOSURE OF DEED OF TRUST BY KITCHENS

No. 923SC963.

437 S.E.2d 511 (1993)

113 N.C. App. 175

In the Matter of FORECLOSURE OF the DEED OF TRUST Executed By Alyce B. KITCHENS, Trustor in Deed of Trust Securing an Indebtedness in the Original Principal Amount of $24,715.54, Dated December 7, 1990 and Recorded in Book 293, Page 113, Pitt County Registry.

Court of Appeals of North Carolina.

December 21, 1993.

Attorney(s) appearing for the Case

Ward and Smith, P.A. by Ryal W. Tayloe and Andrew H.D. Wilson, Greenville, for petitioner-appellant.

Gaylord, Singleton, McNally, Strickland & Snyder by Vernon G. Snyder III, Greenville, for respondent-appellee.

JOHNSON, Judge.

On 2 March 1992, J. Graham Clark, III, substituted trustee for a deed of trust executed by Alyce B. Kitchens, instituted foreclosure proceedings under the power of sale clause in the deed of trust by filing a notice of hearing as to the commencement of foreclosure proceedings with the Pitt County Clerk of Court in accordance with North Carolina General Statutes § 45-21.16 (1991). On 3 March 1992, notice of the hearing was properly served on Alyce...

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