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2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-25 - Definitions.

§ 44A-25. Definitions.
Unless the context otherwise requires in this Article:
(1) "Claimant" includes any individual, firm, partnership, association or corporation entitled to maintain an action on a bond described in this Article and shall include the "contracting body" in a suit to enforce the performance bond.
(2) "Construction contract" means any contract for the construction, reconstruction, alteration or repair of any public building or other public work or public improvement, including highways.
(3) "Contracting body" means any department, agency, or political subdivision of the State of North Carolina which has authority to enter into construction contracts.
(4) "Contractor" means any person who has entered into a construction contract with a contracting body.
(5) "Labor or materials" shall include all materials furnished or labor performed in the prosecution of the work called for by the construction contract regardless of whether or not the labor or materials enter into or become a component part of the public improvement, and further shall include gas, power, light, heat, oil, gasoline, telephone services and rental of equipment or the reasonable value of the use of equipment directly utilized in the performance of the work called for in the construction contract.
(6) "Subcontractor" means any person who has contracted to furnish labor or materials to, or who has performed labor for, a contractor or another subcontractor in connection with a construction contract. (1973, c. 1194, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-26 - Bonds required.

§ 44A-26. Bonds required.
(a) When the total amount of construction contracts awarded for any one project exceeds three hundred thousand dollars ($300,000), a performance and payment bond as set forth in (1) and (2) is required by the contracting body from any contractor or construction manager at risk with a contract more than fifty thousand dollars ($50,000); provided that, for State departments, State agencies, and The University of North Carolina and its constituent institutions, a performance and payment bond is required in accordance with this subsection if the total amount of construction contracts awarded for any one project exceeds five hundred thousand dollars ($500,000). In the discretion of the contracting body, a performance and payment bond may be required on any construction contract as follows:
(1) A performance bond in the amount of one hundred percent (100%) of the construction contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such bond shall be solely for the protection of the contracting body that is constructing the project.
(2) A payment bond in the amount of one hundred percent (100%) of the construction contract amount, conditioned upon the prompt payment for all labor or materials for which a contractor or subcontractor is liable. The payment bond shall be solely for the protection of the persons furnishing materials or performing labor for which a contractor, subcontractor, or construction manager at risk is liable.
(b) The performance bond and the payment bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the construction contract. (1973, c. 1194, s. 1; 1983, c. 818; 1987 (Reg. Sess., 1988), c. 1108, s. 10; 1995, c. 367, s. 3; 2001-496, s. 7; 2010-148, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-28 - Actions on payment bonds; venue and limitations.

§ 44A-28. Actions on payment bonds; venue and limitations.
(a) Every action on a payment bond as provided in G.S. 44A-27 shall be brought in a court of appropriate jurisdiction in a county where the construction contract or any part thereof is to be or has been performed.
(b) No action on a payment bond shall be commenced after the expiration of the longer period of one year from the day on which the last of the labor was performed or material was furnished by the claimant, or one year from the day on which final settlement was made with the contractor. (1973, c. 1194, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-29 - Limitation of liability of a surety.

§ 44A-29. Limitation of liability of a surety.
No surety shall be liable under a payment bond for a total amount greater than the face amount of the payment bond. A judgment against any surety may be reduced or set aside upon motion by the surety and a showing that the total amount of claims paid and judgments previously rendered under such payment bond, together with the amount of the judgment to be reduced or set aside, exceeds the face amount of the bond. (1973, c. 1194, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-30 - Variance of liability; contents of bond.

§ 44A-30. Variance of liability; contents of bond.
(a) No act of or agreement between a contracting body, a contractor or a surety shall reduce the period of time for giving notice under G.S. 44A-27(b) or commencing action under G.S. 44A-28(b) or otherwise reduce or limit the liability of the contractor or surety as prescribed in this Article.
(b) Every bond given by a contractor to a contracting body pursuant to this Article shall be conclusively presumed to have been given in accordance herewith, whether or not such bond be so drawn as to conform to this Article. This Article shall be conclusively presumed to have been written into every bond given pursuant thereto. (1973, c. 1194, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-31 - Certified copy of bond and contract.

§ 44A-31. Certified copy of bond and contract.
(a) Any person entitled to bring an action or any defendant in an action on a payment bond shall have a right to require the contracting body to certify and furnish a copy of the payment bond and of the construction contract covered by the bond. It shall be the duty of such contracting body to give any such person a certified copy of the payment bond and the construction contract upon not less than 10 days' notice and request. The contracting body may require a reasonable payment for the actual cost of furnishing the certified copy.
(b) A copy of any payment bond and of the construction contract covered by the bond certified by the contracting body shall constitute prima facie evidence of the contents, execution and delivery of such bond and construction contract. (1973, c. 1194, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-32 - Designation of official; violation a misdemeanor.

§ 44A-32. Designation of official; violation a misdemeanor.
Each contracting body shall designate an official thereof to require the bonds described by this Article. If the official so designated shall fail to require said bond, he shall be guilty of a Class 1 misdemeanor. (1973, c. 1194, s. 1; 1993, c. 539, s. 407; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 3 - Model Payment and Performance Bond. › § 44A-34 - Construction of Article.

§ 44A-34. Construction of Article.
The addition of this Article shall not be construed as making the provisions of Articles 1 and 2 of Chapter 44A of the General Statutes apply to public bodies or public buildings. (1973, c. 1194, s. 3.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-40 - Definitions.

§ 44A-40. Definitions.
As used in this Article, unless the context clearly requires otherwise:
(1) "E-mail" or "electronic mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks.
(1a) "Independent bidder" means a person who is not related to the lienor, within the meaning of G.S. 25-9-102(62), in the case of a lienor who is an individual, or G.S. 25-9-102(63), in the case of a lienor that is an organization.
(1b) "Last known address" means that mailing address or e-mail address provided by the occupant in the latest rental agreement or the address provided by the occupant in a subsequent written notice of a change of address.
(2) "Lienor" means any person entitled to a lien under this Article.
(3) "Occupant" means a person, his sublessee, successor, or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.
(5) "Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, household items, and watercraft.
(6) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-service storage facility.
(7) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not subject to the provisions of Article 7 of General Statutes Chapter 25. Provided, however, if an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of Article 7 of General Statutes Chapter 25 and the provisions of this Article do not apply.
(8) "Verified electronic mail" means electronic mail that is transmitted to an e-mail address that the sender has verified by any reasonable means as being a working electronic mail address. (1981 (Reg. Sess., 1982), c. 1275, s. 1; 2013-239, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-41 - Self-service storage facility owner entitled to lien.

§ 44A-41. Self-service storage facility owner entitled to lien.
The owner of a self-service storage facility has a lien upon all personal property stored at the facility for rent, expenses necessary for the preservation of the personal property, and expenses reasonably incurred in the sale or other disposition of the personal property pursuant to this Article. This lien shall not have priority over any security interest which is perfected at the time the occupant stores the property at the self-service storage facility. For purposes of this Article, to identify an existing security interest in stored property, the owner shall conduct an online search for Uniform Commercial Code financing statements filed with the Office of the Secretary of State in the name of the occupant. (1981 (Reg. Sess., 1982), c. 1275, s. 1; 2009-201, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-42 - When self-service storage facility lien arises and terminates.

§ 44A-42. When self-service storage facility lien arises and terminates.
The lien conferred under this Article arises only when the owner acquires possession of the property stored in the self-service storage facility; and it shall terminate when the owner relinquishes possession of the property upon which the lien might be claimed, or when the occupant or any other person having a security or other interest in the property tenders prior to sale the amount of the rent, plus the expenses incurred by the owner for the preservation of the property. The reacquisition of possession of the property stored in the self-service storage facility, which was relinquished, shall not reinstate the lien. (1981 (Reg. Sess., 1982), c. 1275, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-44 - Right of redemption; good faith purchaser's right; disposition of proceeds; lienor's liability.

§ 44A-44. Right of redemption; good faith purchaser's right; disposition of proceeds; lienor's liability.
(a) Before the sale authorized by G.S. 44A-43, or other disposition of the property, the occupant may pay the amount necessary to satisfy the lien plus the reasonable expenses incurred by the owner for the preservation of the property and thereby redeem the property. Upon receipt of such payment, the owner shall return the personal property to the occupant; and thereafter shall have no further claim against such personal property on account of the lien which was asserted. The partial payment of rent or other charges shall not satisfy the lien or stop or delay the owner's right to sell the occupant's property unless the owner agrees to satisfaction or a stop or delay in a writing signed by the owner.
(b) A purchaser in good faith, and without knowledge of any defect in the sale of the personal property sold to satisfy a lien provided for in this Article takes the property free of any rights of persons against whom the lien was valid.
(c) Proceeds of a sale under this section shall be applied as follows:
(1) Payment of reasonable expenses incurred in connection with the sale;
(2) Payment of the obligation secured by any security interest that was perfected at the time the occupant stored the property at the self-service storage facility;
(3) Payment of the obligation secured by the self-service storage facility lien;
(4) Any balance shall be paid to the occupant or other person lawfully entitled thereto; but if such person cannot be found, the balance shall be paid to the clerk of superior court of the county in which the sale took place, to be held by the clerk for the person entitled thereto.
(d) If the lienor fails to comply substantially with any of the provisions of this section, he shall be liable to the occupant or any other party injured by such noncompliance in the sum of one hundred dollars ($100.00), together with reasonable attorney's fees as awarded by the court. Damages provided by this section shall be in addition to actual damages to which any party is otherwise entitled. (1981 (Reg. Sess., 1982), c. 1275, s. 1; 2009-201, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-44.1 - Possession vested in occupant.

§ 44A-44.1. Possession vested in occupant.
Unless the rental agreement specifically provides otherwise, the exclusive care, custody, and control of all personal property stored in a storage space at a self-service storage facility shall remain vested in the occupant until the property is sold as provided in this Article or otherwise disposed of. The owner of a self-service storage facility is a commercial landlord who rents space. Unless the rental agreement specifically provides otherwise, while the personal property remains on the owner's premises, the owner is liable for damage caused by the intentional acts or negligence of the owner or the owner's employees. (2009-201, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-45 - Article is supplemental to lien created by contract.

§ 44A-45. Article is supplemental to lien created by contract.
Nothing in this Article shall be construed as in any manner impairing or affecting the right of parties to create liens by contract or agreement. (1981 (Reg. Sess., 1982), c. 1275, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 4 - Self-Service Storage Facilities. › § 44A-46 - Application.

§ 44A-46. Application.
All rental agreements entered into before September 1, 1982, and not extended or renewed after that date, and the rights and duties and interests flowing from them, shall remain valid, and may be enforced or terminated in accordance with their terms or as permitted by any other law of this State. (1981 (Reg. Sess., 1982), c. 1275, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-50 - Definitions.

§ 44A-50. Definitions.
As used in this Article, the following terms mean:
(1) Aircraft. – As the term is defined in G.S. 63-1(3), or any engine, part, component, or accessory, whether affixed to or separate from the aircraft.
(2) Lienor. – A person entitled to a lien under this Article.
(3) Owner. – As the term is defined in G.S. 44A-1(3) for an aircraft, or any person authorized by an owner, as defined in G.S. 44A-1(3), to perform, contract, or arrange for the provision of labor, skill, materials, or storage with respect to any aircraft.
(4) Person. – Any individual, corporation, association, partnership, whether limited or general, limited liability company, or other entity. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-55 - Persons entitled to a lien on an aircraft.

§ 44A-55. Persons entitled to a lien on an aircraft.
Any person who has expended labor, skill, or materials on an aircraft or has furnished storage for an aircraft at the request of its owner has a perfected lien on the aircraft beginning on the date the expenditure of labor, skill, or materials or the storage commenced, for the contract price for the expenditure of labor, skill, or materials or for the storage, or, in the absence of a contract price, for the reasonable worth of the expenditure of labor, skill, or materials, or of the storage. The lien under this section survives even if the possession of the aircraft is surrendered by the lienor. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-60 - Notice of lien on an aircraft.

§ 44A-60. Notice of lien on an aircraft.
(a) The lien under G.S. 44A-55 expires 120 days after the date the lienor voluntarily surrenders possession of the aircraft, unless the lienor, prior to the expiration of the 120-day period, files a notice of lien in the office of the clerk of court of the county in which the labor, skill, or materials were expended on the aircraft, or the storage was furnished for the aircraft.
(b) The notice of lien shall state all of the following:
(1) The name of the lienor.
(2) The name of the registered owner of the aircraft, if known.
(3) The name of the person with whom the lienor entered into a contract for labor, skill, or materials on the aircraft, or storage of the aircraft.
(4) A description of the aircraft sufficient for identification.
(5) The amount for which the lien is claimed.
(6) The dates upon which the expenditure of labor, skill, materials, or storage was commenced and completed, or, if not completed, the date through which the claimed amount is calculated.
(c) The notice of lien shall be sworn to or affirmed, and subscribed by the lienor, or by someone on the lienor's behalf having personal knowledge of the facts.
(d) The notice of lien shall be in substantially the following form:
"NOTICE OF LIEN ON AIRCRAFT
[Lienor] Lienor, v. [Owner] Owner
Notice is hereby given that [Lienor](name) claims a lien upon _______________ [aircraft](describe the aircraft) for labor, skill, or materials expended on, and for storage furnished for, this aircraft; that the name of the registered owner or reputed owner, if the aircraft is not registered or the registered owner is not known, is [Owner](name), that the labor, skill, or materials were expended on the aircraft commencing the ____ day of ________, and storage was furnished on the aircraft commencing the ____ day of ________, and the labor, skill, materials, and storage furnished by the lienor [was completed] [is ongoing] on the ____ day of ________; that 120 days have not elapsed since the aircraft was released by the lienor; that the amount the lienor demands for the labor, skill, materials, and storage furnished, as of the date hereof is $________ (amount); that no part thereof has been paid except $________ (amount); and that there is now due and remaining unpaid, after deducting all credits and offsets, the sum of $________ (amount), in which amount [Lienor](name) claims a lien upon the aircraft.
(Signed) ________________ (Lienor)
Address of Lienor ___________________
State of North Carolina
County of ____________
Sworn to (or affirmed) and subscribed before me this day by [name of principal].
Date:_________________________ [Official Signature of Notary]
______________________ [Notary's printed or typed name], Notary Public
______________________ My Commission Expires:[Date]
[Official Seal]" (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-65 - Notice of lien filed by the clerk of court.

§ 44A-65. Notice of lien filed by the clerk of court.
Upon presentation of a notice of lien pursuant to this Article, the clerk of court shall file the notice of lien and shall index the notice of lien in a record maintained by the clerk for that purpose. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-70 - Priority of a lien on an aircraft.

§ 44A-70. Priority of a lien on an aircraft.
The lien under this Article shall have priority over perfected and unperfected security interests. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-75 - Termination of a lien on an aircraft.

§ 44A-75. Termination of a lien on an aircraft.
(a) Termination by Payment of Amount Owed. – Any lien under this Article shall be terminated upon receipt by the lienor of the full amount owed for the labor, skill, or materials on the aircraft, and for storage of the aircraft, which amount shall not be limited to any amount shown on the notice of lien filed under G.S. 44A-60, if a notice of lien has been filed by the lienor. Upon receipt of the amount owed, the lienor or the lienor's agent shall release the aircraft to the owner, if the aircraft is in the possession of the lienor, and shall, within 20 days following a request in writing by the aircraft owner, file with the clerk of court a notice of satisfaction of lien, if a notice of lien has been filed by the lienor. A notice of satisfaction of lien shall state that the amount owed for the lienor's expenditure of labor, skill, or materials on the aircraft, and for the storage of the aircraft, has been paid and the lien against the aircraft has been terminated. The notice of satisfaction of lien shall be sworn to or affirmed, and subscribed by the lienor or by someone on the lienor's behalf having personal knowledge of the facts. Upon the filing of a notice of satisfaction of lien, the clerk of court shall make an entry of acknowledgment of satisfaction in the index.
(b) Termination by Deposit of Surety Bond. – Any lien under this Article shall be terminated by the clerk of court whenever a surety bond in a sum equal to one and one-fourth times the amount of the lien claimed against the aircraft and conditioned upon the payment of the amount finally determined to be due in satisfaction of the lien is deposited with the clerk of court. When a deposit that satisfies this subsection is made, the lienor or the lienor's agent shall release the aircraft to the owner, if the aircraft is in the possession of the lienor. (2006-222, s. 1.1; 2013-17, s. 1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-80 - Fees.

§ 44A-80. Fees.
The clerk of court shall collect fees for filing, copying, and certifying any document under this Article as set forth in G.S. 7A-308. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-85 - Enforcement of lien by sale.

§ 44A-85. Enforcement of lien by sale.
A lien filed under this Article may be enforced in accordance with G.S. 44A-4, and the proceeds of sale shall be applied as set forth in G.S. 44A-5, except that the three-day time period set forth in G.S. 44A-4(a) for the lienor to file a contrary statement of the amount of the lien at the time of the filing of a complaint by the owner shall be extended to 30 days. An owner may seek immediate possession of an aircraft in accordance with G.S. 44A-4. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 44A - Statutory Liens and Charges › Article 5 - Aircraft Labor and Storage Liens. › § 44A-90 - Title of purchaser.

§ 44A-90. Title of purchaser.
(a) A purchaser for value at a properly conducted sale under this Article, and a purchaser for value without constructive notice of a defect in the sale, whether or not the purchaser is the lienor or an agent of the lienor, acquires title to the property free of any interests over which the lienor was entitled to priority.
(b) Upon the completion of a sale conducted under this Article, the lienor or a person acting on behalf of the lienor, who conducted the sale shall furnish to the purchaser for value a bill of sale for the aircraft signed by the person who conducted the sale that includes a statement that the sale was conducted in accordance with this Article. (2006-222, s. 1.1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-4 - Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.

§ 45-4. Representative succeeds on death of mortgagee or trustee in deeds of trust; parties to action.
When the mortgagee in a mortgage, or the trustee in a deed in trust, executed for the purpose of securing a debt, containing a power of sale, dies before the payment of the debt secured in such mortgage or deed in trust, all the title, rights, powers and duties of such mortgagee or trustee pass to and devolve upon the executor or administrator or collector of such mortgagee or trustee, including the right to bring an action of foreclosure in any of the courts of this State as prescribed for trustees or mortgagees, and in such action it is unnecessary to make the heirs at law of such deceased mortgagee or trustee parties thereto. (1887, c. 147; 1895, c. 431; 1901, c. 186; 1905, c. 425; Rev., s. 1031; C.S., s. 2578; 1933, c. 199.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-5 - Foreclosures by representatives validated.

§ 45-5. Foreclosures by representatives validated.
In all actions which were brought or prosecuted prior to the fourth day of March, 1905, for the foreclosure of any mortgage or deed in trust by any executor or administrator of any deceased mortgagee or trustee where the heirs of the mortgagee were duly made parties and regular and orderly decrees of foreclosure entered by the court and sale had by a commissioner appointed by the court for that purpose and deed made after confirmation, the title so conveyed to purchaser at such judicial sale shall be deemed and held to be vested in such purchaser, whether the heir of such deceased mortgagee or trustee was a party to such foreclosure proceeding or not, and such heir of any deceased mortgagee is estopped to bring or prosecute any further action against such purchaser for the recovery of such property or foreclosure of such mortgage or deed in trust. (1905, c. 425, s. 2; Rev., s. 1032; C.S., s. 2579.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-6 - Renunciation by representative; clerk appoints trustee.

§ 45-6. Renunciation by representative; clerk appoints trustee.
The executor or administrator of any deceased mortgagee or trustee in any mortgage or deed of trust heretofore or hereafter executed may renounce in writing, before the clerk of the superior court before whom he qualifies, the trust under the mortgage or deed of trust at the time he qualifies as executor or administrator, or at any time thereafter before he intermeddles with or exercises any of the duties under said mortgage or deed of trust, except to preserve the property until a trustee can be appointed. In every such case of renunciation the clerk of the superior court of any county wherein the said mortgage or deed of trust is registered has power and authority, upon proper proceedings instituted before him, as in other cases of special proceedings, to appoint some person to act as trustee and execute said mortgage or deed of trust. The clerk, in addition to recording his proceedings in his book of orders and decrees, shall record a separate instrument, as required by G.S. 161-14.1, containing the name of the substituted trustee or mortgagee, with the register of deeds of said county. (1905, c. 128; Rev., s. 1038; C.S., s. 2580; 1991, c. 114, s. 5; 2011-246, s. 1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-7 - Agent to sell under power may be appointed by parol.

§ 45-7. Agent to sell under power may be appointed by parol.
All sales of real property, under a power of sale contained in any mortgage or deed of trust to secure the payment of money, by any mortgagee or trustee, through an agent or attorney for that purpose, appointed orally or in writing by such mortgagee or trustee, whether such writing has been or shall be registered or not, shall be valid, whether or not such mortgagee or trustee was or shall be present at such sale. (1895, c. 117; Rev., s. 1035; C.S., s. 2581; 1967, c. 562, s. 2.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-8 - Survivorship among donees of power of sale.

§ 45-8. Survivorship among donees of power of sale.
In all mortgages and deeds of trust of real property wherein two or more persons, as trustees or otherwise, are given power to sell the property therein conveyed or embraced, and one or more of such persons dies, any one of the persons surviving having such power may make sale of such property in the manner directed in such deed, and execute such assurances of title as are proper and lawful under the power so given; and the act of such person, in pursuance of said power, shall be as valid and binding as if the same had been done by all the persons on whom the power was conferred. (1885, c. 327, s. 2; Rev., s. 1033; C.S., s. 2582; 1967, c. 562, s. 2.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-9 - Clerk appoints successor to incompetent trustee.

§ 45-9. Clerk appoints successor to incompetent trustee.
When the sole or last surviving trustee named in a will or deed of trust dies, removes from the county where the will was probated or deed executed and/or recorded and from the State, or in any way becomes incompetent to execute the said trust, or is a nonresident of this State, or has disappeared from the community of his residence and his whereabouts remains unknown in such community for a period of three months and cannot, after diligent inquiry be ascertained, the clerk of the superior court of the county wherein the will was probated or deed of trust was executed and/or recorded is authorized and empowered, in proceedings to which all persons interested shall be made parties, to appoint some discreet and competent person to act as trustee and execute the trust according to its true intent and meaning, and as fully as if originally appointed: Provided, that in all actions or proceedings had under this section prior to January 1, 1900, before the clerks of the superior court in which any trustee was appointed to execute a deed of trust where any trustee of a deed of trust has died, removed from the county where the deed was executed and from the State, or in any way become incompetent to execute the said trust, whether such appointment of such trustee by order or decree, or otherwise, was made upon the application or petition of any person or persons ex parte, or whether made in proceedings where all the proper parties were made, are in all things confirmed and made valid so far as regards the parties to said actions and proceedings to the same extent as if all proper parties had originally been made in such actions or proceedings. (1869-70, c. 188; 1873-4, c. 126; Code, s. 1276; 1901, c. 576; Rev., s. 1037; C.S., s. 2583; 1933, c. 493.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-11 - Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.

§ 45-11. Appointment of substitute trustee upon application of subsequent or prior lienholders; effect of substitution.
When any person, firm, corporation, county, city or town holding a lien on real property upon which there is a subsequent or prior lien created by a mortgage, deed of trust or other instrument, the mortgagee or trustee therein named being dead or having otherwise become incompetent to act, files a written application with the clerk of the superior court of the county in which said property is located, setting forth the facts showing that said mortgagee or trustee is then dead or has become incompetent to act, the said clerk of the superior court, upon a proper finding of fact that said mortgagee or trustee is dead or has become incompetent to act, shall enter an order appointing some suitable and competent person, firm or corporation as substitute trustee upon whom service of process may be made, and said substitute trustee shall thereupon be vested with full power and authority to defend any action instituted to foreclose said property as fully as if he had been the original mortgagee or trustee named; but the substitute trustee shall have no power to cancel said mortgage or deed of trust without the joinder of the holder of the notes secured thereby. Said application shall not be made prior to the expiration of 30 days from the date the original mortgagee or trustee becomes incompetent to act. (1941, c. 115, s. 1; 1967, c. 562, s. 2.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-14 - Acts of trustee prior to removal not invalidated.

§ 45-14. Acts of trustee prior to removal not invalidated.
If any such trustee who has been substituted as provided in G.S. 45-10 or in G.S. 45-11 shall have performed any functions as such trustee and shall thereafter be removed as provided in G.S. 45-10 to 45-17, such removal shall not invalidate or affect the validity of such acts insofar as any purchaser or third person shall be affected or interested, and any conveyances made by such trustee before removal if otherwise valid, shall be and remain valid and effectual to all intents and purposes, but if any trustee upon such hearing is declared to have been wrongfully removed, he shall have his right of action against the substituted trustee for any compensation that he would have received in case he had not been wrongfully removed from such trust. (1931, c. 78, s. 5; 1941, c. 115, s. 3.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-15 - Registration of substitution constructive notice.

§ 45-15. Registration of substitution constructive notice.
The registration of such paper-writing designating a new trustee under G.S. 45-10 or under G.S. 45-11 shall be from and after registration, constructive notice to all persons, and no appeal or other proceedings shall be instituted to contest the same after one year from and after such registration. (1931, c. 78, s. 6; 1941, c. 115, s. 4.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-17 - Substitution made as often as justifiable.

§ 45-17. Substitution made as often as justifiable.
The powers set out in G.S. 45-10 and in G.S. 45-11 may be exercised as often and as many times as the right to make such substitution may arise under the terms of such section, and all the privileges and requirements and rights to contest the same as set out in G.S. 45-10 to 45-17 shall apply to each deed of trust or mortgage and to each substitution. (1931, c. 78, s. 8; 1941, c. 115, s. 5.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-18 - Validation of certain acts of substituted trustees.

§ 45-18. Validation of certain acts of substituted trustees.
Whenever before January 1, 1979, a trustee has been substituted in a deed of trust in the manner provided by G.S. 45-10 to 45-17, but the instrument executed by the holder and/or owners of all or a majority in amount of the indebtedness, notes, bonds, or other instruments secured by said deed of trust, has not been registered as provided by said sections until after the substitute trustee has exercised some or all of the powers conferred by said deed of trust upon the trustee therein, including the advertising of the property conveyed by said deed of trust for sale, the sale thereof, and the execution of a deed by such substituted trustee to the purchaser at such sale, all such acts of said substituted trustee shall be deemed valid and effective in the same manner and to the same extent as if said instrument substituting said trustee, had been registered prior to the performance by said substituted trustee of any one or more of said acts, or other acts authorized by such deed of trust. (1939, c. 13; 1963, c. 241; 1967, c. 945; 1969, c. 477; 1971, c. 57; 1973, c. 20; 1979, c. 580.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-19 - Mortgage to guardian; powers pass to succeeding guardian.

§ 45-19. Mortgage to guardian; powers pass to succeeding guardian.
When a guardian to whom a mortgage has been executed dies or is removed or resigns before the payment of the debt secured in such mortgage, all the rights, powers and duties of such mortgagee shall devolve upon the succeeding guardian. (1905, c. 433; Rev., s. 1034; C.S., s. 2584.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-20 - Sales by mortgagees and trustees confirmed.

§ 45-20. Sales by mortgagees and trustees confirmed.
All sales of real property made prior to February 10, 1905, by mortgagees and trustees under powers of sale contained in any mortgage or deed of trust in compliance with the powers, terms, conditions and advertisement set forth and required in any such mortgage or deed of trust, are hereby in all respects ratified and confirmed. (Ex. Sess. 1920, c. 27; C.S., s. 2584(a).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-20.1 - Validation of trustees' deeds where seals omitted.

§ 45-20.1. Validation of trustees' deeds where seals omitted.
All deeds executed prior to January 1, 1991, by any trustee or substitute trustee in the exercise of the power of sale vested in him under any deed, deed of trust, mortgage, will, or other instrument in which the trustee or substitute trustee has omitted to affix his seal after his signature are validated. (1943, c. 71; 1981, c. 183, s. 1; 1983, c. 398, s. 1; 1985, c. 70, s. 1; 1987, c. 277, s. 1; 1989, c. 390, s. 1; 1991, c. 489, s. 1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-20.3 - Validation of deeds where seal omitted on power of attorney.

§ 45-20.3. Validation of deeds where seal omitted on power of attorney.
All deeds and other conveyances executed prior to January 1, 1991, by any attorney-in-fact in the exercise of a power of attorney are valid even though the signature of the principal was not affixed under seal on the instrument creating the power of attorney. (1991, c. 489, s. 1.1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-21 - Validation of appointment of and conveyances to corporations as trustees.

§ 45-21. Validation of appointment of and conveyances to corporations as trustees.
In all deeds of trust made prior to March 15, 1941, wherein property has been conveyed to corporations as trustees to secure indebtedness, the appointment of said corporations as trustees, the conveyances to said corporate trustees, and the action taken under the powers of such deeds of trust by said corporate trustees are hereby confirmed and validated to the same extent as if such corporate trustees had been individual trustees. (1941, c. 245, s. 1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2 - Right to Foreclose or Sell under Power. › § 45-21.01 - Foreclosure of deeds of trust and mortgages on property affected by boundary certification.

§ 45-21.01. Foreclosure of deeds of trust and mortgages on property affected by boundary certification.
(a) Foreclosure actions initiated on real property encumbered by a security instrument recorded in South Carolina wherein the real property is situated, in whole or in part, within the certified North Carolina boundaries shall be governed by the terms of the security instrument sought to be enforced for that portion of real property recognized as being in a different state. If the security instrument contains a power of sale clause, the party seeking to enforce the terms of the security instrument may initiate a foreclosure action in the county where the real property is situated pursuant to this Chapter. A party seeking to enforce the terms of the security instrument may also resort to judicial foreclosure, pursuant to Article 29A of Chapter 1 of the General Statutes, in accordance with the terms within the security instrument. Judgments or orders of foreclosure entered by courts of this State are binding and effective only with respect to the portion of real property situated within this State. Prior to initiating an action to enforce a security instrument, the security instrument or a certified copy shall be recorded in the office of the register of deeds for the county where the subject property is situated. The provisions of G.S. 45-10(a) shall apply with regard to the appointment or substitution of a trustee for any mortgage or deed of trust foreclosed pursuant to this section.
(b) Notwithstanding any other provision of law to the contrary, for mortgages foreclosed pursuant to subsection (a) of this section, a mortgagee or its successors or assigns shall be entitled to bid at a foreclosure sale conducted pursuant to a judgment or order of foreclosure entered by the courts of this State. (2016-23, ss. 4(a), (b).)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2A - Sales Under Power of Sale. › § 45-21.1 - Definitions; construction.

§ 45-21.1. Definitions; construction.
(a) The following definitions apply in this Article:
(1) "Resale" means a resale of real property or a resale of any leasehold interest created by a lease of real property held pursuant to G.S. 45-21.30.
(2) "Sale" means a sale of real property or a sale of any leasehold interest created by a lease of real property pursuant to (i) an express power of sale contained in a mortgage, deed of trust, leasehold mortgage, or leasehold deed of trust or (ii) a "power of sale", under this Article, authorized by other statutory provisions.
(b) The following constructions apply in this Article:
(1) The terms "mortgage" or "deed of trust" include leasehold mortgages or leasehold deeds of trust.
(2) The terms "mortgagee" or "trustee" include any person or entity exercising a power of sale pursuant to this Article.
(3) The terms "real property" or "property" include any leasehold interest created by a lease of real property. (1949, c. 720, s. 1; 1967, c. 562, s. 2; 1991, c. 255; 1993, c. 305, s. 1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2A - Sales Under Power of Sale. › § 45-21.2 - Article not applicable to foreclosure by court action.

§ 45-21.2. Article not applicable to foreclosure by court action.
This Article does not affect any right to foreclosure by action in court, and is not applicable to any such action. (1949, c. 720, s. 1.)
2023 North Carolina General Statutes › Chapter 45 - Mortgages and Deeds of Trust › Article 2A - Sales Under Power of Sale. › § 45-21.4 - Place of sale of real property.

§ 45-21.4. Place of sale of real property.
(a) Every sale of real property shall be held in the county where the property is situated unless the property consists of a single tract situated in two or more counties.
(b) A sale of a single tract of real property situated in two or more counties may be held in any one of the counties in which any part of the tract is situated. As used in this section, a "single tract" means any tract which has a continuous boundary, regardless of whether parts thereof may have been acquired at different times or from different persons, or whether it may have been subdivided into other units or lots, or whether it is sold as a whole or in parts.
(c) When a mortgage or deed of trust with power of sale of real property designates the place of sale within the county, the sale shall be held at the place so designated.
(d) When a mortgage or deed of trust with power of sale of real property confers upon the mortgagee or trustee the right to designate the place of sale, the sale shall be held at the place designated by the notice of sale, which place shall be either on the premises to be sold or as follows:
(1) Property situated wholly within a single county shall be sold at the courthouse door of the county in which the land is situated.
(2) A single tract of property situated in two or more counties may be sold at the courthouse door of any one of the counties in which some part of the real property is situated.
(e) When a mortgage or deed of trust with power of sale of real property does not designate, or confer upon the mortgagee or trustee the right to designate, the place of sale, or when it designates as the place of sale some county in which no part of the property is situated, such real property shall be sold as follows:
(1) Property situated wholly within a single county shall be sold at the courthouse door of the county in which the land is situated.
(2) A single tract of property situated in two or more counties may be sold at the courthouse door of any one of the counties in which some part of the real property is situated. (1949, c. 720, s. 1; 1975, c. 57, s. 1.)