NOTICE OF SUBSTITUTE TRUSTEE’S FORECLOSURE SALE OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
File No.: 18 SP 683
Under and by virtue of the power and authority contained in the Declaration of Easements, Covenants, Conditions and Restrictions of Lumina Station II Condominiums Recorded at Book 2764, Page 867, and the Declaration of Condominium for Lumina Station II Office Condominium recorded at Book 2764, Page 928 of the New Hanover County Registry, North Carolina (“Declarations”), 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 Declarations, 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, Trustee, will offer for sale at public auction on the 22nd day of April, 2019, at 12 o’clock p.m. on the steps of the New Hanover County Courthouse, Wilmington, North Carolina, the following described real property located in Wilmington, in the County of New Hanover, State of North Carolina, and is more particularly described as follows:
BEING all of Unit 214, Building 1 of Lumina Station II Condominiums as the same is shown upon a map recorded at Condominium Plat Book 12, Pages 32 through 42, of the New Hanover County Registry, reference to which map is hereby made for a more particular description.
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 F & F Leasing, LLC.
Pursuant to North Carolina General Statute §45-21.10(b), and the terms of the Declarations, any successful bidder may be required to deposit with the 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 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 20th day of March, 2019.
Andrew K. McVey, Trustee
April 4, 11, 2019
NOTICE OF TRUSTEE’S SALE
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NUMBER: 12 SP 1114
IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY GSSC PROPERTIES, LLC F/K/A GULFSTREAM SHOPPING CENTER PROPERTIES, LLC,
DATED JUNE 27, 2007 AND RECORDED IN BOOK 5201 AT PAGE 494 OF THE NEW HANOVER COUNTY REGISTRY
TO GBTC, INC., TRUSTEE
For GATEWAY BANK & TRUST COMPANY and
SUBSEQUENTLY JERRY A. MANNEN, JR., SUBSTITUTE TRUSTEE
For GBT ACQUISITION, LLC, as Assignee and Holder
Substitution of Trustee Recorded
Book 5695; Page 1249
New Hanover County Registry
NOTICE OF TRUSTEE’S SALE
BY VIRTUE of authority contained in a certain Deed of Trust from GSSC Properties, LLC to GBTC, Inc., Trustee, and subsequently to Jerry A. Mannen, Jr., Substitute Trustee, dated June 27, 2007 and recorded June 28, 2007 in Book 5201; Page 494 of the New Hanover County Registry, and by virtue of the Order of the Clerk of Superior Court of New Hanover County, North Carolina, pursuant to Chapter 45 of the General Statutes of North Carolina, default having been made in the payment of the indebtedness thereby secured and failure to do and perform the stipulations and agreements therein contained, I will on Friday, April 5, 2019 at 12:00 P.M. (Noon) at the Courthouse Door of the New Hanover County Courthouse, or the usual and customary location, of the New Hanover County Courthouse, 316 Princess Street, Wilmington, North Carolina offer for sale at public auction to the highest bidder for Cash, the following described lands:
BEING ALL OF LOT 13 AND 14 PHASE 2 JUNCTION CREEK BUSINESS PARK AS SHOWN ON A MAP OF SAME DULY RECORDED IN MAP BOOK 47 AT PAGE 208 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
BEING ALL OF LOT 9R PHASE 2 JUNCTION CREEK BUSINESS PARK AS SHOWN ON A MAP OF SAME DULY RECORDED IN MAP BOOK 49 AT PAGE 45 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
TOGETHER WITH THE IMPROVEMENTS LOCATED THEREON AND APPURTENANCES TEHRETO.
SUBJECT TO, THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JUNCTION CREEK BUSINESS PARK RECORDED IN BOOK 2490 AT PAGE 135 OF THE NEW HAVOVER COUNTY REGISTRY, AS AMENDED.
FURTHER SUBJECT, HOWEVER, TO ALL OUTSTANDING AND UNPAID TAXES AND ALL PRIOR LIENS, ENCUMBRANCES OR EXCEPTIONS OF RECORD.
The above-described properties being the same properties more commonly known as 4415 Junction Park (Lot 9R Tax ID R07600-002-182-000), 4431 Junction Park (Lot 13 Tax ID R07600-002-186-000), and 4435 Junction Park (Lot 14 Tax ID R07600-002-187-000), Wilmington, North Carolina.
To the best of the knowledge and belief of the undersigned the current owner(s) Of the property according to the New Hanover County Register of Deeds not more than ten (10) days prior to the Posting of this Notice is GBT Acquisition, LLC, a North Carolina limited liability company.
The terms of the sale are as follows: A cash deposit of the greater of five percent (5%) of the amount bid or seven hundred fifty ($750.00) dollars will be required at the sale; balance due upon delivery of the Deed. 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 Trustee tenders to him a deed for the property or attempts to tender such deed. This sale will be held open for ten (10) days for upset bids as required by law.
This sale will be made subject to all outstanding and unpaid taxes and all prior liens of record and any assessments that may be due or past due. There are no representations 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 the property will be sold “AS IS”, “WHERE IS”.
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 for such inability to convey include, but are not limited to, the filing of Bankruptcy prior to the completion of the sale and/or the reinstatement of the loan.
The property being sold is vacant property and according to the tax records of New Hanover County the property is zoned Office and Institution (O&I).
This the 28th day of March, 2019.
Jerry A. Mannen, Jr.
Substitute Trustee North Carolina State Bar No. 17498 102 N. Fifth Avenue, Wilmington, NC 28401 Telephone: (910) 762-2421
Facsimile: (910) 251-9247
YOW, FOX & MANNEN, L.L.P.
ATTORNEYS AT LAW
PUBLISH: Thursdays, March 28, 2019 and April 4, 2019