SECOND AMENDED NOTICE OF FORECLOSURE SALE
The property to be sold lies in 2 counties:
New Hanover County
New Hanover County Special Proceeding File # 17-SP-648
Pender County Special Proceeding File # 17-SP-207
The undersigned Substitute Trustee (hereinafter the “Trustee”) will sell the following real estate located in New Hanover and Pender Counties at public auction at 12:00 o’clock Noon on October 5, 2018, at the Courthouse Door of the New Hanover County Courthouse (the Princess Street door of the Judicial Building at 4th and Princess Streets), Wilmington, North Carolina:
Real estate description: See full description below
Record owner: CHL, LLC, a North Carolina limited liability company.
The sale is pursuant to the power of sale contained in a deed of trust from CHL, LLC to Ryan D. Oxendine, Trustee, dated December 21, 2015, recorded on December 31, 2015 in Book 5940 Page 2252 of the New Hanover County Register of Deeds Office, also recorded on December 31, 2015 in Book 4612 Page 1904 of the Pender County Register of Deeds Office, and an order of the New Hanover County Clerk of Superior Court entered in this foreclosure proceeding on November 8, 2017, a certified copy of which has been filed in the Pender County special proceeding referenced above.
The property will be sold for cash to the highest bidder on the terms set forth herein and announced at the sale. A deposit of five percent (5%) of the successful bid, to be paid in cash, by certified check, or by official bank check will be required at the time of the sale; personal checks will not be accepted. The successful bidder(s) shall be required to tender the amount bid, less any deposit, in cash or certified check when the upset-bid period expires and the Trustee tenders or attempts to tender a deed for the property. If the owner and holder of the indebtedness secured by the deed of trust is the successful bidder, it shall be entitled to credit-bid as to the deposit and as to the balance of the purchase price.
If the highest bidder(s) fails to pay the balance of the bid amount when the Trustee tenders or attempts to tender the deed, the high bidder shall remain liable on his/her bid pursuant to North Carolina General Statutes §45-21.30(d) and (e). The highest bidder will be required to pay the remainder of the bid price and close the sale immediately upon the expiration of the upset-bid period – paying for the property does not contemplate delaying the closing because the successful bidder “has to get a loan.”
If the property is purchased by anyone other than the holder of the Deed of Trust, the purchaser will be required to pay the following amounts in addition to the bid amount: (a) the court costs to be paid to and collected by the Clerk of Superior Court pursuant to North Carolina General Statute §7A-308(a)(1) in the amount of forty-five cents ($.45) per One Hundred Dollars ($100.00) of the highest bid, up to but no more than $500.00 in such costs; and (b) the revenue stamps (tax stamps) on the Trustee’s deed to the purchaser required by North Carolina General Statute §105-228.30 et. seq. of the of One Dollar ($1.00) per Five Hundred Dollars ($500.00) or fractional part thereof of the bid amount.
The property will be sold subject to any outstanding ad valorem property taxes against the property, any special assessments, and all liens and other interests having priority over the deed of trust being foreclosed on.
North Carolina law provides that the foreclosure cuts off interests and liens junior to (subordinate to) the deed of trust being foreclosed unless this notice provides otherwise. This foreclosure sale will cut off subordinate liens and interests against the real estate except for:
a. If the Internal Revenue Service has a lien or liens against the property, the sale will be subject to the right of the Internal Revenue Service for 120 days following the sale to redeem the property at the highest amount bid at the foreclosure sale.
b. The map/plat of Scott’s Hill Village Phase 1 recorded in Map Book 61 page 317 of the New Hanover County Registry and a Map Book 59 page 41 of the Pender County Registry and all matters shown thereon.
c. The map/plat of Scott’s Hill village Phase 2 recorded in Map Book 62 pages 199 – 200 of the New Hanover County Registry and all matters shown thereon.
d. The Declaration of Covenants, Conditions and Restrictions of Scotts Hill Village recorded in Book 5985, at Page 347 of the New Hanover County Registry and Book 4624, at Page 72 of the Pender County Registry.
e. Amended and restated/Master Access Easement and Maintenance Agreement(s) recorded in Book 5991, page 20 of the New Hanover County Registry
f. Utility and communications Easement(s) to Duke Energy Progress, LLC recorded in Book 5946, page 2614 of the New Hanover County Registry
g. Utility and communications easement in favor of Bellsouth Telecommunications, LLC recorded in Book 5952, page 700 of the New Hanover County Registry
h. Utility and communications easement in favor of Bellsouth Telecommunications, LLC in Book 5958, page 1598 of the New Hanover County Registry
i. Utility easement in favor of Cape Fear Public Utility Authority recorded in Book 5977, page 2750 of the New Hanover County Registry
j. Utility easement in favor of Cape fear Public Utility Authority recorded in Book 6066, Page 195, New Hanover County Registry
k. Stormwater Drainage and Maintenance Agreement recorded in Book 6030, page 1350 of the New Hanover County Registry
l. Amended Reimbursement Agreement recorded in Book 5991, page 84 of the New Hanover County Registry
m. New Infrastructure Agreement(s) recorded in Book 5940, page 2209; and Book 4612, Page 1868 of the New Hanover County Registry
As to the physical condition of the property, the property is being sold “AS IS – WHERE IS”, with no representations or warranties of any kind by the trustee, the lender, the noteholder, or any agents, attorneys, officers of those persons and entities as to the title or any physical, health, safety, or environmental, conditions existing in, on, at, or relating to the property; and any and all alleged representations, warranties, statements, responsibilities and liabilities are expressly disclaimed.
The sale will remain open for a period of ten (10) days following the sale, during which time anyone may file an upset bid (i.e. an increased/higher bid) with the appropriate Clerk of Superior Court as provided in General Statute 45-21.27. After the deadline has passed for upset bids, the trustee will tender a deed to the successful purchaser immediately, collect the balance of the purchase price, and close the sale at that time. The buyer shall be responsible for the revenue stamps (the transfer tax) required by, and to be purchased from, the register of deeds when the deed is recorded.
If anyone is in possession of the property after the sale has been completed, the Clerk of Superior Court may issue an order for possession of the property in favor of the purchaser pursuant to General Statute 45-21.29 and against anyone in possession of the property. If an order of possession is needed, it will be the purchaser’s responsibility to obtain the order.
If this is residential property, anyone renting 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 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 sale date contained in the notice of sale, unless the mortgagor has cured the default before the tenant provides the notice of termination. Upon termination of a rental agreement, the tenant is liable for rent due under the agreement prorated to the effective date of the termination.
If the Trustee is unable to convey title to the property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons for the Trustee’s inability to convey the property and complete the foreclosure include, but are not limited to, the filing of a bankruptcy petition prior to expiration of the upset bid period, some other court order enjoining completion of the sale, or the borrower’s payment and/or reinstatement of the loan without the knowledge of the Trustee. If the validity of the sale is challenged by any party, the Trustee may in his sole discretion declare the sale to be void and return the deposit if the Trustee believes the challenge to the sale may have merit. In such case, the purchaser will have no further remedy other than receipt/return of the bid deposit.
This sale will remain open for a period of ten (10) days following the sale, during which time anyone may file an upset bid (i.e. an increased/higher bid) with the Clerk of Superior Court.
DESCRIPTION OF THE REAL STATE
I. Parcel 1: (Located in New Hanover County, North Carolina):
All of Tract 1, containing 85.81 acres, more or less, as shown on that certain map recorded in Map Book 49, Page 222 of the New Hanover County Registry, reference to which is hereby made for a more particular description.
Together with a 60-foot access easement more particularly described as “60’ access No. 1” as shown on the above-referenced map for the purpose of ingress, egress and regress from U.S. Highway No. 17 to the above-described tract of land.
Subject to a 50-foot private access easement described as Newton Road, over, upon and through the above-described tract of land as same is shown on said map, and in that certain deed of easement recorded in Book 4505, at Page 262 of the New Hanover County Registry.
Further subject to a 50-foot private access easement running along the perimeter of the northern, eastern and southern boundary line of the above-referenced tract of land and as more particularly shown on said map and in the map recorded in Map Book 36 at Page 204 of the New Hanover County Registry.
Further subject to a 50-foot public utility easement contained within that certain 50-foot private easement, running along the southern boundary of Tract 1 and both of which are shown on the aforesaid map.
Reserving unto the grantor herein, a 60-foot access easement more particularly described as “60’ access No. 2” as shown on the aforesaid map for the purpose of ingress, egress and regress over, upon and through Tract 1.
Part of this Tract 1 (this Parcel 1 in this Notice of Sale) has been subdivided since the recordation of the deed of trust being foreclosed on: A part of the original tract is now part of “Scotts Hill Village – Phase One” as shown on a plat of said subdivision recorded in Map Book 59 Page 41 of the Pender County Registry and Map Book 61 Page 317 of the New Hanover County Registry. Another part of the original tract is now “Scotts Hill Village – Phase Two” as shown on a plat of said subdivision recorded in Map Book 62 Pages 199-200 of the New Hanover County Registry.
Lots 31, 32, 33, 34, 35 & 36 of Scotts Hill Village Phase Two Subdivision, as shown on Map Book 62, Pages 199 & 200 of the New Hanover County Registry, have previously been released from the deed of trust and are not a part of this foreclosure sale.
II. Parcel 2: (Located in Pender and New Hanover Counties):
All of Tract 3A, as the same is shown and described in that certain map recorded in Map Book 49, at Page 351, of the New Hanover County Registry, also recorded in Map Book 42, at Page 009, of the Pender County Registry, to which reference is hereby made for a more particular and accurate description. The herein described property consists of approximately 3.93 acres, of which 2.46 +/- acres life in New Hanover County and 1.47 acres lie in Pender County.
Tract 3A (Parcel 2 in this Notice of Sale) has been subdivided since the recordation of the deed of trust being foreclosed on, and is now a part of “Scotts Hill Village – Phase One” as shown on a plat of said subdivision recorded in Map Book 59 Page 41 of the Pender County Registry and Map Book 61 Page 317 of the New Hanover County Registry.
Lots 2 of Scotts Hill Village Phase One Subdivision, as shown on Map Book 59, Page 41 of the Pender County Registry, has previously been released from the deed of trust and is not a part of this foreclosure sale.
Lots 7, 8, 9, 10, 11, 13, 14, 15, and 226 of Scotts Hill Village Phase One Subdivision, as shown on Map Book 61, Page 317 of the New Hanover County Registry, have previously been released from the deed of trust and are not a part of this foreclosure sale.
III. As to All Lots or Parcels Sold
Each lot or parcel sold includes and will include all buildings and other improvements located on that lot or parcel, and all fixtures, systems, easements, appurtenances, and hereditaments related to the real estate.
IV. Sale May Be In Separate Lots, Tracts, or Combinations
The property may be offered for sale (i) in separate lots, parcels or tracts, and in various combinations thereof, (ii) all offered for one price, or (iii) first one way, then another, all as the Trustee may deem appropriate.
Date: September 4, 2018.
H. Kenneth Stephens, II, Trustee
701 Princess Street
Wilmington, NC 28401