NOTICE OF SUBSTITUTE
TRUSTEE’S FORECLOSURE SALE OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
File No. 18 SP 114
Under and by virtue of the power and authority contained in the Deeds of Trust executed by Mountain Properties of Allegheny County, LLC to Ned M. Barnes, Trustee, for the benefit of Scott Herman and Karl Black and wife, Teresa Black, recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, on December 21, 2016, in Book 6026 at Page 265 and in Book 6026 at Page 258, and because of default in the payment of the indebtedness thereby secured and failure to carry out or perform the stipulations and agreements therein contained, and pursuant to the demand of the Owner and Holder of the indebtedness secured by said Deeds of Trust, and pursuant to the Order of the Clerk of Superior Court of New Hanover County, North Carolina, entered in this foreclosure proceeding, the undersigned, Andrew K. McVey, Substitute Trustee, will offer for sale at public auction on the 25th day of April, 2018, at 12:00 o’clock p.m. on the steps of the New Hanover County Courthouse, Wilmington, North Carolina, the following described real property located in or near the City of Wilmington Beach, in the County of New Hanover, State of North Carolina, and is more particularly described as follows:
BEGINNING at a point in the Eastern line of Sixth Avenue extended, said point being located Northwardly 50 feet from the intersection of said Eastern line of Sixth Avenue with the Northern line of South Carolina Avenue as the same is shown by map of Wilmington Beach, recorded in Map Book 2, Page 30, New Hanover County Registry; running thence from said beginning point Eastwardly and parallel with South Carolina Avenue 100 feet to a point; thence Northwardly and parallel with Sixth Avenue 50 feet to a point; thence Westwardly and parallel with South Carolina Avenue 100 feet to a point; thence Southwardly along said eastern line of Sixth Avenue extended 50 feet to the point of BEGINNING. The same being the Northern ½ of Lots 21 and 22, Block 40, Wilmington Beach, as shown by map recorded in Book 1015, Page 223, New Hanover County Registry, reference to which is hereby made for a more particular description. TOGETHER with a 1984 single-wide mobile home, which is situated upon said real property. Substitute Trustee does not certify title to the mobile home.
The sale will be made subject to all unpaid taxes and special assessments, if any, and to all prior liens, restrictions, easements and matters of record. The property will be sold “AS IS.”
The record owner of the above-described real property as reflected in the records of the New Hanover County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Mountain Properties of Allegheny County, LLC.
Pursuant to North Carolina General Statute §45-21.10(b), and the terms of the Deeds of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit not to exceed the greater of five percent (5%) of the bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder will be required to tender the full balance of the purchase price 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 North Carolina General Statute §§45-21.30(d) and (e).
Pursuant to North Carolina General Statute § 45-21.29, an order for possession of the property may be issued in favor of the purchaser and against the party or parties in possession by the Clerk of Superior Court of New Hanover County.
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 sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination of the rental agreement, any such tenant is liable for rent due under the rental agreement prorated to the effective date of termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 5th day of April, 2018.
Andrew K. McVey, Substitute Trustee
April 12, 19, 2018