NOTICE OF SALE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 3320
IN THE MATTER OF THE FORECLOSURE OF A LIEN BY Charleston Park Homeowners Association, a North Carolina Corporation against, Divern Martinez Combs, Owner.
Lien Dated: 03/08/2013
Recorded as 13 M 1304 in the Office of the Clerk ofSuperior Court.
Under and by virtue of the power and authority contained in the Declaration of Covenants, Conditions and Restrictions for Charleston Park Homeowners Association, and pursuant to the provisions of Chapters 47 of the North Carolina General Statutes, and because of default in the payment of certain assessments secured by a Claim ofLien dated 03/08/2013 and recorded as 13 M 1304 and pursuant to the Order of the Clerk of Superior Court for Wake County, North Carolina, entered in this foreclosure proceeding, the undersigned Tina Frazier Pace, Commissioner, will expose for sale at public auction on the 5th day of December, 2013 at 1:00 p.m., at the usual and customary place for such sales at the Wake County Courthouse, the following described real property (including the house and any other improvements thereon):
BEING all of Lot 85, Charleston Park Subdivision, Phase II, as shown on that plat recorded in Book of Maps 1994, Page 50, Wake County Registry and re-recorded in Book of Maps 1994, Page 634, Wake County Registry
Commonly known as: 4509 Pinckey Place, Raleigh, NC 27604
The sale will be made subject to all prior liens, unpaid taxes, restrictions and easements of record and assessments, if any.
The record owner of the above-described real 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 is Divern Martinez Combs.
Pursuant to North Carolina General Statute §45-21.1O(b), any successful bidder may be required to deposit with the Commissioner immediately upon conclusion of the sale, a cash deposit of five (5%) of the amount of the bid, or the sum of Seven Hundred Fifty Dollars ($750.00), whichever is greater. Any successful bidder shall be required to tender the full balance purchase price so bid in cash or certified check at the time the Commissioner tenders 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 shall remain liable on his bid as provided for in North Carolina General Statute §§45-21.30(d) and (e).
Pursuant to N.C.G.S. 45-21.16A(b), you are hereby notified that 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. Furthermore, any person who is occupying the property pursuant to a rental agreement entered into or renewed on or after October 1,2007, may, after receiving this Notice of Sale, terminate the rental agreement upon ten (10) days written notice to the landlord. Upon termination of the rental agreement, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
This sale will be held open ten (10) days for upset bids as required by law.
This the 22 day of October, 2013.
Tina Frazier Pace
HATCH, LITTLE & BUNN, LLP
327 Hillsborough Street
P. O. Box 527
Raleigh, North Carolina 27602
The Wake Forest Weekly
Nov. 21, 28, 2013
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