NOTICE OF SUBSTITUTE
SALE OF REAL PROPERTY
13 SP 3983
Under and by virtue of the power and authority contained in that certain Deed of Trust executed and delivered by Ji Choong Yun and Tasha D. Yun, Husband and Wife, dated August 30, 2005, and recorded in the Office of the Register of Deeds for WAKE COUNTY, North Carolina, in Book 11556, at Page 51, and because of default having been made in the payment of the indebtedness secured by said Deed of Trust and failure to do and perform the stipulations and agreements therein contained, and pursuant to demand of the Holder of the indebtedness secured by said Deed of Trust, the undersigned Substitute Trustee will expose for sale at public auction to the highest bidder for cash the property therein described, to wit:
See Attached Exhibit ‘A’
Present Record Owner(s): Ji Choong Yun, married
The terms of the sale are that the real property hereinbefore described will be sold for cash to the highest bidder and that the undersigned may require the successful bidder at the sale to immediately deposit cash or a certified check in an amount equal to the greater of five percent (5%) of the high bid or $750.00. In the event that the Holder is exempt from paying the same, the successful bidder may also be required to pay revenue stamps on the Trustee’s Deed, any Land Transfer Tax, and the tax required by N.C.G.S. Section 7A-308 (a) (1).
NOTICE TO OCCUPANTS:
That an order for possession of the property may be issued pursuant to 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.
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. The notice shall also state that 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.
Any tenant who resides in residential real property containing less than 15 rental units that is being sold in a foreclosure proceeding under Article 2A of Chapter 45 of the General Statutes may terminate the rental agreement for the dwelling unit after receiving notice pursuant to G.S. 45-21.17(4) by providing the landlord with a written notice of termination to be effective on a date stated in the notice that is at least 10 days after the date of the notice of sale. Upon termination of a rental agreement under this section, the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at the time that would have been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due only to the early termination of the tenancy.
The real property hereinabove described will be sold “as is,” “where is,” subject to any and all superior liens and subject to taxes and special assessments.
If the Trustee is unable to convey title to this property for any reason, the sole remedy of the purchaser is the return of the deposit. Reasons for such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the sale and reinstatement of the loan without the knowledge of the Trustee(s). The Trustee in their sole discretion, if they believe the challenge to have merit, may declare the sale to be void and return the deposit. The purchaser will have no further remedy.
NOTE: An order for possession of the property may be issued pursuant to 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.
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.
The sale will be held open for ten (10) days for upset bids as by law required.
Date and Hour for SALE: December 4, 2013 at 1:00 PM
Place of Sale: Wake County Courthouse
Date of this Notice: November 7, 2013
Raymond A. Burke,
4731 Hedgemore Drive, Suite 200
Charlotte, NC 28209
Being all of Lot No. 82, Pemberley Subdivision, Phase 2 & 3, Map No. 2, as shown on plat recorded in Book of Maps 2003, Page 1770, Wake County Registry.
Property is commonly known as 1740 Gracechurch Street, Wake Forest
Parcel ID#: 1830933486
The Wake Forest Weekly
Nov. 21, 28, 2013
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