NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL AND PERSONAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
In the Matter of the
Simultaneous Foreclosure of the Deeds of Trust executed by CSP Holdings, LLC
To John Carter, Teresa Nixon and Kirsten E. Foyles, collectively, the “Original Trustees”,
As recorded in Book 5206, Page 1286 and modified in Book 5606, Page 1296 of the New Hanover County Public Registry.
As recorded in Book 5364, Page 1910 and modified in Book 5606, Page 1306 of the New Hanover County Public Registry.
As recorded in Book 6118, Page 1129 of the New Hanover County Public Registry.
See Substitutions of Trustee which substitute Robbie B. Parker as Substitute Trustee in the place and stead of Original Trustees, as recorded in Book 6168, Page 1043, Book 6168, Page 1046 and Book 6168, Page 1049 of the New Hanover County Public Registry.
Pursuant to the power and authority contained in that certain Deed of Trust dated July 10, 2007 and recorded on July 11, 2007 in Book 5206 at Page 1286 of the New Hanover County Register of Deeds and modified by that certain Modification of Deed of Trust dated November 10, 2011 and recorded on December 20, 2011 in Book 5606 at Page 1296 (as amended, modified and restated from time to time, collectively, the “Loan 1 Deed of Trust; that certain Deed of Trust dated December 17, 2008 and recorded on December 17, 2008 in Book 5364 at Page 1910 of the New Hanover County Register of Deeds and modified by that certain Modification of Deed of Trust dated November 10, 2011 and recorded on December 20, 2011in Book 5606 at Page 1306 (as amended, modified and restated from time to time, collectively, the “Loan 2 Deed of Trust”); and (c) that certain Deed of Trust dated December 26, 2017 and recorded on February 1, 2018 in Book 6118 at Page 1129 of the New Hanover County Register of Deeds (as amended, modified and restated from time to time, collectively, the “Loan 3 Deed of Trust” together with Loan 1 Deed of Trust and Loan 2 Deed of Trust, collectively the, “Deeds of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property more particularly described as follows, together with all rights, privileges and appurtenances thereto (the “Real Property”), and the personal property described in the Deeds of Trust (the “Goods,” and together with the Real Property, the
The record owner of the Property as reflected by the records of the Register of Deeds of New Hanover County not more than ten (10) days prior to the posting of this Notice was CSP Holdings, LLC.
The Property will be sold subject to any and all matters superior to the lien of the Deeds of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deeds of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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, and any and all responsibilities or liabilities arising out of or in any way relating to any such conditions expressly are disclaimed.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred Fifty Dollars ($750.00). Any successful bidder shall be required to tender the full balance of the 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 of the purchase price so bid at that time, he shall remain liable on his bid as provided for in North Carolina General Statutes Sections 45-21.30(d) and (e). In addition to the purchase price so bid any successful bidder will also be responsible for payment of revenue stamps and other costs of closing the sale, including fees and costs of the Substitute Trustee incurred after the date of sale.
NOTICE TO TENANTS – 15 units or less
If you are a tenant of the Real Property, please read the following carefully. Your legal rights may be affected.
Pursuant to North Carolina General Statute Section 45-21.16A, you are hereby given notice that an order for possession of the Real Property may be issued pursuant to North Carolina General Statutes Section 45-21.29 in favor of the purchaser and against the party or parties in possession by the clerk of superior court in the county in which the Real Property is sold. If an order for possession is issued, you may be required to vacate the Real Property.
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 no more than 90 days, after the sale dated 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.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: November 14, 2018
HOUR OF SALE: 12:00 p.m.
PLACE OF SALE: New Hanover County Courthouse
This the 17th day of October, 2018.
/s/Robbie B. Parker
Robbie B. Parker, Substitute Trustee
Lee Law Firm, PLLC
Post Office Box 4548 (28406) 3414 Wrightsville Avenue
Wilmington, North Carolina 28403
Telephone: (910) 399-3447
BEING Unit F, WELLINGTON POINT CONDOMINIUM, as the same is described in the Declaration for WELLINGTON POINT CONDOMINIUM, dated May 5, 2003 and recorded in Book 3776, Pages 249-274, of the New Hanover County Registry, which Unit is conveyed in conformity with Chapter 47-C of the New Hanover County General Statues referred to as the “North Carolina Condominium Act.”
As a further aid in this description, reference is made to Condominium Plat Book 13, Page 113 of the land records of New Hanover County, N.C., which contains the official recorded survey map of WELLINGTON POINT CONDOMINIUM.
This conveyance is made subject to the provisions of the North Carolina Condominium Act and any amendments thereto; to the conditions, restrictions, easements, covenants and agreements set forth in the Declaration of WELLINGTON POINT CONDOMINIUM, recorded in Book 3776, Pages 249-274 of the Land Records of New Hanover County, as amended by First Amendment to Declaration of Condominium for Wellington Point Condominium, recorded in Book 4964, Page 2715, New Hanover County Registry.
Also included herewith is an easement to be used in common with other Unit owners for the use of any Common Elements as set forth in the Declaration, as well as the official survey map of WELLINGTON POINT CONDOMINIUM. This conveyance is made subject to any easements reserved by the Grantor for itself and others to use the Common Elements located within or appurtenant to, as set forth in the Declaration.
Also included herein is an exclusive easement for the use and enjoyment of any Limited Common Elements appurtenant to the Unit conveyed herein as so designated in the declaration, as amended, or on the recorded maps of the Condominium.
This conveyance is made subject to all easements now existing or hereafter granted or reserved on any official recorded condominium declaration, condominium plat or survey map of WELLINGTON POINT CONDOMINIUM for the installation, use and maintenance of electric, water, utility and drainage lines and points.
November 1, 8, 2018
NOTICE OF PUBLIC SALE OF PERSONAL PROPERTY
This notice is given pursuant to N.C.G.S. 44A-4(f) of the public sale of personal property. You are hereby notified of the following:
622 South Front Street
Wilmington, NC 28401
2. Title Holder:
3. Person with whom Lienor dealt:
4. Description of property:
See attached Exhibit “A”.
5. Amount of lien claim:
6. Place of Sale:
622 South Front Street, Wilmington, North Carolina on the 14th day of November, 2018, at 2:00 p.m., the personal property which is more particularly described on Exhibit “A” attached hereto.
7. Date of Sale:
November 14, 2018
H. Kenneth Stephens, II
Attorney at Law
Post Office Box 2237
Wilmington, NC 28402
(1) DEAN SR42 GAS FRYER SN# 0603MA0728
(1) 20 QUART STAND MIXER HOBART MN AP00 SW#11-389-294
(1) 24” TEC CHARBROILER
(1) 24” EQUIPMENT STAND FOR CHARBROILER
(1) 93” STAINLESS STEEL DOUBLE OVERSHELF
(1) CIMBALI EXPRESSO MACHINE M30 CLASSIC SN#AD252TADV999A
(1) 36 x 30 EQUIPMENT STAND
(1) TRUE T-23-2 REFRIGERATOR SN#12072938
(1) 48” COLDTEC U2BFF-125 FREEZER SN#UF120411-058
(1) 24 x 72 WORKTABLE W/UNDERSELF (ALL STAINLESS STEEL W/WORK TOP CAN OPENER HOLE
(1) 10 BURNER RANGE SOUTHBEND MN-X460M-7P SN#02L39529
(1) 2 DOOR BEVAIR BACKBAR 60” MN#BB581 SN#6811006
(1) TUC 27 TRUE UNDER COUNTER REFRIGERATOR SN#1-4052344
(1) 90” 3 DOOR GLASS DOOR BACK BAR COOLER TRU-TBB-4G SN#1-2465774
(1) NORLAKE PIZZA PREP 3 COMPARTMENT MN#PT93 SN#PT93-12050012
(32) LARGE WINE GLASS
(72) LARGE ROCKS GLASS
(21) SMALL ROCK GLASS
(1) TICKET HOLDER
(14) TALL CHAMPAGNE FLUTE
(6) SHORT CHAMPAGNE FLUTE
(7) SMALL SPOON
(1) SPOON HOLDER
(3) GLASS ROCKS
(9) MARTINI GLASS
(6) COGNAC GLASS
(2) LARGE WATER GLASS
(8) MEDIUM WATER GLASS
(3) SKINNY WATER GLASS
(12) LARGE SIPPING GLASS
(4) SMALL SIPPING GLASS
November 1, 8, 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 2:00 P.M, NOVEMBER 6TH, 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.
SUBJECT 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 9TH day of October, 2018.
Anderson & Strickland, P.A., Substitute Trustee
Daniel Dziuban, Attorney at Law
Goddard & Peterson, PLLC
Attorneys for Anderson & Strickland, P.A., Substitute Trustee
3803-B Computer Drive, Suite 103
Raleigh, North Carolina 27609
October 25, November 1, 2018