Foreclosure notices

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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK

16 SP 808

IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST FROM HAROLD D. SIDBURY TO SUBSTITUTE TRUSTEE SERVICES, INC., FOR THE BENEFIT OF IPLAN GROUP, LLC FBO MIKE WEST IRA, ALSO KNOWN AS, iPLAN GROUP, AGENT FOR CUSTODIAN, FBO MICHAEL WEST IRA DATED AND RECORDED MARCH 5, 2015 IN BOOK 5872, AT PAGE 533 OF THE NEW HANOVER COUNTY REGISTRY

NOTICE OF SALE

UNDER AND BY VIRTUE of the power and authority contained in that Deed of Trust executed by Harold D. Sidbury dated and recorded on March 5, 2015 in Book 5872, at Page 533, New Hanover County Public Registry (the “Deed of Trust”); and under and by virtue of the authority vested in the undersigned as Substitute Trustee by that certain instrument recorded in Book 6023, at Page 500, New Hanover County Registry; and under and by virtue of that certain Authorization, Findings and Order Allowing Foreclosure entered by the Clerk of Superior Court of New Hanover County, North Carolina, default having been made in the payment of the indebtedness secured by said Deed of Trust and the said Deed of Trust being by their terms subject to foreclosure, and the holder of the indebtedness thereby secured having demanded the foreclosure thereof for the purpose of satisfying said indebtedness, and due notice having been given to those entitled to same, the undersigned Substitute Trustee will offer for sale at public auction, to the highest bidder, for cash, the appropriate place for foreclosure sales at the New Hanover County Courthouse, in the City of Wilmington, New Hanover County, North Carolina, at 12:00 o’clock noon on June 14th, 2017, the property conveyed in said Deed of Trust, which property includes all those certain lots or parcels of real estate, including all improvements and fixtures located thereon, situated, lying and being in New Hanover County, North Carolina, the same being owned of record by Harold D. Sidbury, as reflected on the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Sale, having an address of 4606 Greenway Avenue, Wilmington, North Carolina and, being more particularly described as follows:

BEING ALL of Lot 6, Division of the Seth C. Peterson Land Subdivision, recorded in Map Book 671, Page 597 ½, New Hanover County, North Carolina.

Together with all the buildings, fixtures and improvements thereon, and all rights, easements, hereditaments and appurtenances thereunto belonging, including all heating, plumbing, ventilating, lighting goods, equipment and other tangible and intangible property, attached to or reasonably necessary to the use of such premises.

The sale will be made subject to all encumbrances existing prior to the recording of the Deed of Trust, including all valid and enforceable liens 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 120 days following confirmation of the sale. The real property may be sold in separate parcels, all together or in any manner the Substitute Trustee determines is appropriate.

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 Substitute Trustee nor the holder of the note secured by the Deed of Trust being foreclosed, or both, nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute 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 conditions are expressly disclaimed.

Should the property be purchased by a party other than the holder of the Deed of Trust, 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 deposit by 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 Substitute 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 Deed of Trust may make a credit bid.

The upset bids procedure of §45-21.27 of the North Carolina General Statutes is applicable to this sale.
If the real property to be sold pursuant to this Notice of Sale is residential property with less than fifteen (15) rental units, then (a) an order for possession of the property may be issued pursuant to §45-21.29 of the North Carolina General Statutes in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court in which the property is sold, and (b) any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, upon expiration of the upset bid period provided under N.C.G.S. 45-21.27, terminate the rental agreement by providing written notice 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 date of the expiration of the upset bid period. Further, 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 Substitute 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 Substitute Trustee(s). If the validity of the sale is challenged by any party, the Substitute Trustee(s), 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.

This the 22nd day of March, 2017.
Jerry A. Mannen, Jr., Substitute Trustee
June 1 & 8, 2017

NOTICE OF FORECLOSURE SALE
16 SP 663

Under and by virtue of the power of sale contained in a certain Deed of Trust made by Sharlan Alexander Toole (PRESENT RECORD OWNER(S): Karen F. Richards and Sharlan Alexander Toole) to Peter F. Makowiecki, Trustee(s), dated the 3rd day of October, 2006, and recorded in Book 5089, Page 1959, in New Hanover County Registry, North Carolina, default having been made in the payment of the note thereby 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 of New Hanover 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 the City of Wilmington, New Hanover County, North Carolina, or the customary location designated for foreclosure sales, at 12:00 PM on June 6, 2017 and will sell to the highest bidder for cash the following real estate situated in the County of New Hanover, North Carolina, and being more particularly described as follows:

A unit ownership in real property pursuant to Chapter 47C of the General Statutes of North Carolina entitled “North Carolina Condominium Act” and being known and designated as Unit 303, Building 7 of Bellingham Park Condominium, Phase One, a Condominium, as the same is shown on a map thereof recorded in Condominium Plat Book 16 at Pages 81 through 90, in the Office of the New Hanover County, North Carolina Register of Deeds. Including the Unit located thereon; said Unit being located at 2808 Bloomfield Lane, Unit 303, Wilmington, North Carolina.

Together with and subject to all the rights, easements, covenants, terms and conditions appurtenant to said unit, including but not limited to the undivided interest in the common elements and facilities of Bellingham Park Condominium, as set out in the Declaration of Bellingham Park Condominium, recorded in Book 5053, Page 912 in said Registry and any amendment thereto.
Trustee may, in the Trustee’s sole discretion, delay the sale for up to one hour as provided in NCGS §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 NCGS §7A-308(a)(1).

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 expressly are disclaimed. Also, this property is being sold subject to all taxes, special assessments, and prior liens or 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 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.

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
Case No: 1175547 (FC.FAY)
May 25 and June 1, 2017

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