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Amended Notice of Foreclosure Sale File No. 09 Sp
Posted on Carolina Classified Marketplace - 3 weeks ago
- Category:
- Legal Announcements
- Location:
- Hickory, NC
Features & Description
AMENDED NOTICE OF FORECLOSURE SALE FILE NO. 09 SP 392 Under and by virtue of the power of sale contained in that certain Deed of Trust executed by Carolina Capitol Investors, LLC to Donald D. McSwain Trustee, dated February 27, 2008 and recorded in Book 2895 at Page 1951 in the Catawba County Registry and in Book 1743 at Book 579 in the Burke 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 having been substituted as trustee in said deed of trust by instrument duly recorded in the office of the Register of Deeds of the aforesaid county, 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 Burke County courthouse door in the City of Morganton, Burke County, North Carolina, on November 18, 2009, at 2:15 p.m. and will sell to the highest bidder for cash the following real estate: Generally described as certain real property, with any and all improvements thereon located in Burke County, which is more particularly described as follows: BEING all of Lot No. 181, Section 6 of Pacific Mills Subdivision as recorded in Plat Book 3 at Page 181 in the Burke County Registry. BEING the same realty conveyed from Federal Home Loan Mortgage Corporation to Independent Properties, LLC by Special Warranty Deed dated December 29, 2005 recorded in Deed Book 1530 at Page 802 in the Burke County Registry. BEING all of Parcel ID 2774-16-84-4007 and being all the same real property identified as the aforesaid parcel identification number with the address of 106 Gardner Street, Rhodhiss, NC as full described by a metes and bounds description in that Deed of Trust recorded in Book 2895 at Page 1951 in the Catawba County Registry and recorded in Book 1743 at Page 579 in the Burke County Registry. The current property Owner is Carolina Capitol Investors, LLC . The sale is made subject to all taxes (including but not limited to any applicable transfer taxes), special and homeowners' association assessments, and prior liens or encumbrances of record, unfiled mechanics' and materialmen's liens against the said property 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/security agreement, or both, being foreclosed, nor the officers, directors, attorneys, employees, agents or authorized representatives 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. A cash deposit not to exceed the greater of five percent (5%) of the amount of the bid or Seven Hundred Fifty and No/100 Dollars ($750.00) may be required at the time of the sale. If no upset bid is filed within ten (10) days from the date the Report of Foreclosure Sale is filed, a Trustee's Deed will be tendered to the highest bidder. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or certified funds 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 purchase price so bid at that time, he may 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. An order for possession of the property may be issued pursuant to N.C.G.S. 45-21.29 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. In accordance with N.C.G.S. 45-21.16A(b), in the event that this Notice of Foreclosure Sale relates to residential real property with less than 15 rental units, 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 10 days' written notice to the landlord. 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 the 15th day of October, 2009. William F. Wolcott, III For WASLAW, LLC Substitute Trustee BB&T Building, Suite 1403 1 West Pack Square Asheville, NC 28801 Telephone: (828) 210-8188 PUBLISH: November 4, 11, 2009
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