NOTICE OF FORECLOSURE
SALE OF REAL PROPERTY
File No. 18-SP-474
New Hanover County
Under and by virtue of the Declaration recorded in Book 4870, Page 4397, New Hanover County Register of Deeds, and the provisions of Chapter 47F of the North Carolina General Statutes, and because of the Respondents’ failure to pay assessments duly assessed by Holly Glen Townhomes Homeowners’ Association, Inc. (“Association”) as shown by the Claim of Lien for Assessments filed on March 28, 2017, File No. 17-M-277, in the Office of the New Hanover County Clerk of Superior Court, and pursuant to an Order Allowing Foreclosure of Claim of Lien for Assessments entered by the New Hanover County Clerk of Court on August 22, 2018, the undersigned Trustee will expose for public sale at auction, to the highest bidder for cash, at 11:00 a.m. on the 26th day of September 2018, at the Courthouse door, New Hanover County Judicial Building, 316 Princess Street, Wilmington, North Carolina, the following property (including any improvements thereon) located in New Hanover County, North Carolina:
BEING ALL of Lot 2, Holly Glen Townhomes (a Performance Residential Subdivision) as shown on map recorded in Map Book 47, Pages 236 and 237 of the New Hanover County Registry, reference to which is hereby made for a more particular description.
Also commonly known as 4846 Whitner Drive, Wilmington, NC 28409-2087.
The record owners of the above-described real property as reflected by the records of the New Hanover County Register of Deeds ten (10) days prior to posting the Notice are John J. Norris and James H. Norris.
The above-described property will be sold “AS IS, WHERE IS,” and is subject to any and all superior mortgages, deeds of trust, liens, judgments, unpaid taxes, easements, conditions, restrictions, and other matters of record, including, but not limited to, Deed of Trust recorded in Book 5896, Page 1526, of the New Hanover County Register of Deeds.
The successful bidder will be required to deposit with the Trustee immediately upon the conclusion of the sale a cash deposit of five percent (5%) of the amount of the bid or Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full purchase price so bid in cash or certified check at the time the Trustee tenders a deed for the property. If for any reason the Trustee does not tender a deed for the property, the successful bidder’s sole remedy shall be a return of the deposit.
To the extent this sale involves residential property with less than fifteen (15) units, you are hereby notified of the following:
(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 of the county 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, after receiving the Notice of Sale, terminate the rental agreement by providing written notice of the termination to the landlord, to be effective on a date stated in the notice that is at least ten (10) days, but not more than ninety (90) days, after the sale date contained in the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT. THE UNDERSIGNED IS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
This the 31st day of August 2018.
Charles D. Meier, Trustee
N. C. State Bar No. 13039
MARSHALL, WILLIAMS &
14 South Fifth Street
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: (910) 763-9891; Ext. 214
Facsimile: (910) 343-8604
September 13, 20, 2018
AMENDED NOTICE OF FORECLOSURE SALE
Under and by virtue of the power of sale contained in a certain Deed of Trust made GARY PAUL COX to JAMES C. BLAINE, Trustee(s), dated the 8TH day of JANUARY, 2013 and recorded in BOOK 5702, PAGE 1375, 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, ANDERSON & STRICKLAND, P.A., 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 at 10:30 A.M. ON SEPTEMBER 25, 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:
BEING ALL of Unit 135, Phase II, Wrightsville Sound Village, a Condominium, as the same is shown on the plats thereof recorded in Condominium Plat Book 8 at Pages 103 through 106 in the Office of the Register of Deeds of New Hanover County.
SUJECT TO and TOGETHER WITH all rights, privileges, duties and obligations in the Restrictions recorded in Deed Book 1378, Page 1628 and Book 1390, Page 1166 in said Registry.
[PARCEL ID: R05612-008-053-000]
Said property being located at: 1507 MILITARY CUTOFF ROAD, APT. 135, WILMINGTON, NC 28403
PRESENT RECORD OWNER BEING: GARY PAUL COX
This property is being sold subject to all taxes, special assessments, and prior liens or encumbrances of record and any recorded releases.
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 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 of 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.
Third party purchasers must pay the statutory final assessment fee of forty-five cents ($0.45) per One Hundred Dollars ($100.00) required by N.C.G.S. 7A-308 (a) (1), and any applicable county and/or state land transfer tax and/or revenue tax.
A cash deposit or cashier’s check (no personal checks) of five percent (5%) of the purchase price, or seven hundred fifty dollars ($750.00), whichever is greater, will be required at the time of the sale. Make checks payable to: Goddard & Peterson, Attorneys for Anderson & Strickland, PA..
The sale will be held open for ten days for upset bids as required by law. The successful bidder at the end of the upset period shall tender the balance of their bid at the time the Substitute Trustee tenders or attempts to tender a deed for the property; if they default on their bid, they shall remain liable as provided for in N.C.G.S. 45-21.30(d) and (e). If the Substitute Trustee is unable to convey title to the property for any reason, the sole remedy of the purchaser is the return of the deposit paid.
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 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 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 the Notice of Sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. The notice shall also state 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. N.C.G.S. 45-21.16(b)(2).
This the 17TH day of July, 2018.
Anderson & Strickland, P.A., Substitute Trustee
Michael J. Geiseman, Attorney at Law
Goddard & Peterson, PLLC
Attorneys for Anderson & Strickland, P.A., Substitute Trustee
3803-B Computer Drive, Suite 103
Raleigh, North Carolina 27609
September 13, 20, 2018