NOTICE OF FORECLOSURE SALE
17 SP 744
Under and by virtue of the power of sale contained in a certain Deed of Trust made by Jerry Whitehurst and Glenda H. Whitehurst to Lenders Title and Escrow, Trustee(s), dated the 31st day of January, 2012, and recorded in Book 5615, Page 831, 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 February 13, 2018 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 of ownership in real property (under and pursuant to the North Carolina General Statutes, Chapter 47A, entitled “Unit Ownership Act” and any amendments thereto), located in the County of New Hanover and State of North Carolina in Wrightsville Beach and being more particularly described as follows:
BEING known and designated as Unit No. A201 of Seapath Towers A on a plat entitled “American Classic Industries, Inc., recorded in Condominium Plat Book 1, at Pages 5, 6, 7 and 8 in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description; and
TOGETHER with all rights and easements appurtenant to said Unit as specifically enumerated in the “Declaration of Condominium” issued by America Classic Industries, Inc., dated April 1, 1974 and recorded in the Office of the Register of Deeds of New Hanover County in Book 1003 at Pages 374-428 and subject to the obligations, terms and covenants of unit owners of Seapath Towers “A”, as set forth in said Declaration and By-Laws attached thereto.
Including the Unit located thereon; said Unit being located at 322 Causeway Drive, Unit A-201, Wrightsville Beach, North Carolina.
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.
c/o Hutchens Law Firm
P.O. Box 1028
4317 Ramsey Street
Fayetteville, North Carolina 28311
Phone No: (910) 864-3068
Case No: 1224710 (FC.FAY)
February 1, 8, 2018