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