NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL PROPERTY
NEW HANOVER COUNTY
In the General Court of Justice
Superior Court Division
Before the Clerk
17 SP 333
In the Matter of the Foreclosure of the Deed of Trust of Diane P. Searle and Robert C. Searle, Mortgagors-Grantors, To Samuel B. Potter, Substitute Trustee, And Acquisition Holdings, LLC, Noteholder/Beneficiary.
As recorded in Deed of Trust
Book 5704 at Page 2109
Under and by virtue of the power and authority contained in a certain Deed of Trust executed and delivered by Diane P. Searle and Robert C. Searle dated January 16, 2013 and recorded on January 17, 2013 in Book 5704 at Page 2109, of the New Hanover County Public Registry and pursuant to the Orders of the Clerk of Superior Court for New Hanover County, North Carolina, entered in the above-captioned foreclosure proceedings, the undersigned, Samuel B. Potter, Substitute Trustee, will expose for sale at public auction at 4:00 P.M. on July 20th, 2017, at the appropriate place for foreclosure sales at New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the real property (including any improvements thereon) which is more particularly described on Exhibit A attached hereto and incorporated herein, and being commonly known as:
3705 Carolina Beach Road, Wilmington, North Carolina 28412
After applying the proceeds from the sale to those items authorized under N.C.G.S. § 45-21.31(a)(1-3), the Substitute Trustee will apply the proceeds to the payment of the obligations secured by the Deed of Trust to the payment of that certain Commercial Promissory Note (“Note”) originally dated January 16, 2013 executed by Diane P. Searle in the original principal amount of $350,000.00.
The sale will be subject to any and all superior mortgages, deeds of trust and liens, including without limitation, the lien of unpaid taxes and assessments, easements, conditions, restrictions and matters of record. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following confirmation of the sale.
The above-described real property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the Note secured by the Deed of Trust being foreclosed 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 real property being sold, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
The record owner of the above-described real property 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 is Diane P. Searle.
Pursuant to N.C.G.S. § 45-21.10(b), any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of the greater of five percent (5%) of the last bid or $750.00. Any successful bidder shall be required to tender the full balance 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 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.
This sale will be held open for ten (10) days for upset bids as required by law.
Except as may be otherwise provided by applicable law, if the real property to be sold pursuant to this Notice of Sale is residential property with less than fifteen (15) rental units then: (i) 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 real property is sold; and (ii) any person who occupies the real property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days’ written notice to the landlord, and upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This the 21st day of June, 2017.
Samuel B. Potter
3907-100 Wrightsville Avenue
Wilmington, NC 28403
Telephone: (910) 772-1678
Facsimile: (910) 799-7119
3705 Carolina Beach Road, Wilmington, North Carolina, 28412
Being all of Lot C-1, as shown upon that plat or map entitled “Division of Lot “C”, B M Wilson Farms” which is recorded in Map Book 45 at Page 329 of the New Hanover County Registry.
Together with, and subject to, a non-exclusive joint and mutual driveway easement providing access from and to US Highway 421 to the above described property and the property described as Lot C-2, all as shown on the map recorded in Map Book 45 Page 329 of the New Hanover County Registry.
July 6 & 13, 2017