NOTICE OF SUBSTITUTE
TRUSTEE’S SALE OF
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
In the Matter of the Foreclosure of the Deed of Trust of
BAXLEY COMMERCIAL PROPERTIES, LLC,
TO: WILLIAM H. WEATHERSPOON, JR.,
As recorded in Book 12709, Page 1906 of the Wake County Register of Deeds. See Appointment of William H. Weatherspoon, Jr. as Substitute Trustee pursuant to Substitution of Trustee recorded in Book 14732, Page 407 of the Wake County Register of Deeds.
Under and by virtue of the power and authority contained in that Deed of Trust and from the above-named Grantor to the above-named Substitute Trustee filed for record on August 17, 2007 in Book 12709 at Page 1906 of the Wake County Register of Deeds (as amended, and as may be amended from time to time, the “Deed of Trust”), 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 Deed of Trust, and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned, Substitute Trustee, will expose for sale at public auction on the 15th day of August, 2013, at 11:30 A.M. at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, North Carolina 27601, the real property located in Wake County, North Carolina more particularly described in the Deed of Trust and on Exhibit A attached hereto and incorporated herein by reference (including any improvements thereon) (the “Property”). Pursuant to N.C.G.S. § 45-21.8, the sale may be made by whole or by tract in the discretion of the Substitute Trustee; further, the Substitute Trustee may offer the Property for sale by each method and sell the Property by the method which produces the highest price, including without limitation, the Substitute Trustee may sell any and all personal property located on the Property in which the beneficiary of the Deed of Trust has a security interest in accordance with N.C. Gen. Stat. §§ 25-9-604, 25-9-610 and 25-9-611, in whole, as individual items or together with the real property and improvements as the Substitute Trustee in his sole discretion determines is appropriate.
The sale will be made subject to all prior and superior deeds of trust, liens, unpaid taxes, restrictions, easements, assessments, leases, and other matters, if any, which, as a matter of law, survive the foreclosure of the above described Deed of Trust; provided, however, that the inclusion of this clause in this Notice of Substitute Trustee’s Sale of Real Estate shall not be deemed to validate or otherwise give effect to any such matter or other right which, as a matter of law, does not survive the foreclosure.
All items of real and personal property are to be sold “as is.” Neither the Substitute Trustee nor the holder of the note secured by the Deed of Trust nor the officers, directors, attorneys, employees, agents or authorized representatives of either the Substitute Trustee or the holder of the note 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.
The buyer shall be responsible for the payment of any excise or transfer stamps required by law.
The record owner of the Property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice of Substitute Trustee’s Sale of Real Estate was Wake Ventures, LLC.
This sale is conducted pursuant to the provisions of N.C.G.S. § 45-21.30, and this Notice of Substitute Trustee’s Sale of Real Estate is intended to comply with the requirements of N.C.G.S. §§25-9-604 and 25-9-613 providing for disposition of personal property in connection with the foreclosure of real property. The Grantors are entitled to and may request an accounting of the unpaid indebtedness.
Pursuant to North Carolina General Statutes Section 45-21.10(b), and the terms of the Deed of Trust, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit of an amount not to exceed the greater of five percent (5%) of the amount of the bid or seven hundred and 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 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, the bidder shall remain liable on the bid as provided for in North Carolina General Statutes Section 45-21.30(d) and (e).
This sale will be held open ten (10) days for upset bids as required by law.
This the 18th day of July, 2013.
William H. Weatherspoon, Jr.
Weatherspoon & Voltz LLP
3605 Glenwood Avenue, Suite 480
Raleigh, North Carolina 27612
Unit 11A of Lafayette Square Condominiums as designated and described in the Declaration of Lafayette Square Condominiums, under the provisions of Chapter 47A of the North Carolina General Statutes (the “Declaration”) recorded on the 2nd day of May, 1985, in Book 3474 at Page 11 of the Wake Country Registry (See Condominium File No. 80, pages 1-20, Wake County Registry, for plans), together with a 3.67% undivided interest in the common areas and facilities declared therein to be appurtenant to said unit.
TOGETHER WITH all rights, easements, appurtenances, royalties, minerals rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described.
The Wake Forest Weekly
Aug. 1, 8, 2013