NOTICE OF FORECLOSURE
SALE OF REAL PROPERTY
File No. 17-SP-0211
New Hanover County, North Carolina
Under and by virtue of the Declaration recorded in Book 1236, Page 0125, New Hanover County Register of Deeds, and the provisions of Chapter 47C of the North Carolina General Statutes, and because of the Respondents’ failure to pay assessments duly assessed by Sands at Carolina Beach Condominiums, III Owners, Inc. (“Association”) as shown by the Claim of Lien for Assessments filed on November 8, 2016, File No. 16-M-1285, 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 April 26, 2017, the undersigned Trustee will expose for public sale at auction, to the highest bidder for cash, at 11:00 a.m. on the 24th day of October 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 Unit 1-D, Building 2, of Sands at Carolina Beach Condominium, III, a condominium project, as the same is shown and described on a map thereof recorded in Condominium Plat Book 4, at Pages 63 through 65, in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description.
Also commonly known as 603 Carolina Beach Avenue South, Apt. 1-D, Sands III, Carolina Beach, NC 28428-6319.
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 William Burks and wife, Maria Burks.
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, Deeds of Trust recorded in Book 4889, Page 2178, 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 28th day of September 2018.
Charles D. Meier, Trustee N. C. State Bar No. 13039
MARSHALL, WILLIAMS & GORHAM, L.L.P.
14 South Fifth Street
Post Office Drawer 2088
Wilmington, NC 28402-2088
Telephone: (910) 763-9891; Ext. 214
Facsimile: (910) 343-8604
E-Mail: [email protected]
Published: October 11 & 18, 2018