NOTICE OF TRUSTEE”S
SALE OF REAL ESTATE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
13 SP 4145
IN THE MATTER OF: The Foreclosure of a Deed of Trust executed by DAVID A. KIRKBRIDE, as manager of MILLENIUM VENTURES, LLC,to CHARLES A. WASHBURN, Trustee, recorded in Book 10191, Page 1396, Wake County Registry.
Pursuant to a power of sale contained in a Real Estate Deed of Trust executed by David A. Kirkbride, as manager of Millenium Ventures, LLC, (the “Debtor”) to Charles A. Washburn, Trustee, dated June 11, 2003, and recorded on June 12, 2003 at 3:20 p.m. in Book 10191, Page 1396, Wake County Registry, James F. Jordan having been substituted as trustee by instrument recorded in Book 15460, Page 2503, Wake County Registry, and default having occurred and the Deed of Trust being subject to foreclosure, and the Holder of the indebtedness having demanded foreclosure, the undersigned Substitute Trustee will expose for sale at public auction on December 4, 2013, at 10:30 a.m. at the door of the Wake County Courthouse, Raleigh, North Carolina, the following real property including any improvements thereon:
BEING all of Lot 6, Block 7, according to map of Quarry Hills Subdivision recorded in Book of Maps 1911, Page 16, Wake County Registry.
The address of the property is 621 Cumberland Street, Raleigh, North Carolina 27610.
BEING all of Lot 4 as shown on plat recorded in Book of Maps 1915, Page 97, Wake County Registry; subject to an easement to the City of Raleigh recorded in Book 1703, Page 243, Wake County Registry.
The address of the property is 641 Coleman Street, Raleigh, North Carolina 27610.
BEING all of Lots 5 and 6 as shown on plat recorded in Book of Maps 1915, Page 97, Wake County Registry, subject to an easement to the City of Raleigh recorded in Book 1703, Page 243, Wake County Registry.
The address of the property is 645 and 647 Coleman Street, Raleigh, North Carolina 27610.
BEGINNING at a stake in the Southeastern corner of the property line of S. Boundary Street and Davy Lane, runs thence North 5 degrees East along the East line of Davy Lane 50 feet to a stake on said Davy Lane property line, runs thence South 85 degrees East 50 feet to a stake; runs thence South 5 degrees West 50 feet in a line parallel with Davy Lane to a stake on the North side of Boundary Street, runs thence North 85 degrees West along the North line of Boundary Street 50 feet to the point of BEGINNING. The same being part of that certain tract of land conveyed to Nathan J. Sledge by Deed dated the 31st of March, 1927 and recorded in the Wake County Registry in Book 507, Page 574, said Registry, see Book of Maps 1885, Page 34.
The address of the property is 727 Martin Luther King Jr. Blvd., Raleigh, North Carolina 27601.
BEING all of Lot 16, Cedar Village Subdivision as shown on plat recorded in Book of Maps 1981, Page 165, Wake County Registry.
TOGETHER WITH the property rights and benefits contained and granted in the Declaration of Covenants, Conditions and Restrictions for Cedar Village Townhouses recorded in Book 2904, Page 284 as amended in Book 2937, Page 941, Wake County Registry.
The address of the property is 4520 N. New Hope Road, Raleigh, North Carolina 27604.
BEING all of Lot A-1, Berkshire Downs West Subdivision, Phase III, as shown on plat recorded in Book of Maps 1985, Page 2904, Wake County Registry.
The address of the property is 8121 McGuire Drive, Raleigh, North Carolina 27616.
BEING all of Unit A, in Building 113, Walden Woods Condominium located in the City of Raleigh, Wake County, North Carolina, as designated and described in the Declaration of Unit Ownership under the provisions of Chapter 47A of the North Carolina General Statutes (The “Declaration”), dated September 13, 1973, recorded in Book 2191, Page 430, Wake County Registry, the First Amendment to Said Declaration dated November 2, 1973, recorded in Book 2202, Page 371, of said Registry, the Second Amendment to said Declaration dated February 12, 1974, recorded in Book 2225, Page 182, of said Registry, and the Third Amendment to Said Declaration dated August 16, 1974, recorded in Book 2267, Page 29, of said Registry, (see Condominium Plan File, Condominium No. 3, Wake County Registry, for plans) together with a .82 percent undivided interest I the limited and general Common Areas and Facilities declared therein to be appurtenant to said Unit, which percentage shall automatically change in accordance with the Amended Declarations as the same are filed of record pursuant to the provisions of said Declarations, and together with additional common areas as such Amended Declarations are filed of record, in the percentages set forth in such Amended Declarations, which percentages shall automatically be deemed to be conveyed effective on the date of each such Amended Declaration as though conveyed hereby. The land upon which the buildings and improvements are located in situated in the City of Raleigh, Wake County, N.C., and is fully described in the Declaration, the Declaration being incorporated herein by reference.
Real Estate ID: 0088063
The address of the property is 4711 Walden Pond Drive, Raleigh, North Carolina 27604.
NOTE: The above property is a portion of that property described in the above referenced Deed of Trust.
Said property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance AS IS WHERE IS. There are no representations 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. This sale is made subject to all prior liens, unpaid taxes, special assessments, land transfer taxes, if any, easements, conditions, covenants, restrictions and all encumbrances of record. To the best of the knowledge and belief of the undersigned, the current owner of the property is Millenium Ventures, LLC. This property is not a “home loan” as defined in N.C.G.S. § 45-101, and is not subject to notices required by N.C.G.S. § 45-100-107.
A deposit of five percent (5%) of the bid, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale and must be tendered in the form of certified funds. Following the expiration of the statutory upset bid period, all the remaining amounts will be immediately due and owing. The successful bidder shall tender the full balance of the purchase price, in cash or certified check when the trustee tenders, or attempts to tender, the deed for the property. If the successful bidder then fails to pay the balance of the purchase price, he shall remain liable on his bid as provided by N.C.G.S. § 4521.30(d) and (e). This sale will be held open ten (10) days for upset bids as required by law. Third party purchasers must pay the excise tax, pursuant to N.C.G.S. § 105-228.30, in the amount of One Dollar ($1.00) per each Five Hundred Dollars ($500) or fractional part thereof, and the Clerk of Courts fee, pursuant to N.C.G.S. § 7A-308, in the amount of Forty-five Cents (.45) per each One Hundred Dollars ($100) or fractional part thereof or Five Hundred Dollars ($500.00), whichever is greater.
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 of such inability to convey include, but are not limited to, the filing of a bankruptcy petition prior to the confirmation of the sale and reinstatement of the loan without knowledge of the trustee. If the validity of the sale is challenged by any party, the trustee, in their sole discretion, if they believe the challenge to have merit, may request the court to declare the sale to be void and return the deposit. The purchaser will have no further remedy.
PLEASE TAKE NOTICE: 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 June 11, 2003 may, after receiving the notice of the sale, terminate the rental agreement upon 10 days’ written notice to the landlord. This notice shall also state that upon termination of a rental agreement that tenant is liable for rent due under the rental agreement prorated to the effective date at the termination.
Special Notice. In the event that tax liens attach to this property, The United States of America, Treasury Department, Internal Revenue Service, has certain rights to purchase which may be exercised after the trustee’s sale. Prospective purchasers are urged to familiarize themselves with these rights to which the sale may be subject.
Special Notice. On information and belief the property to be sold may be subject to Mechanics and Materialman’s claims of lien which may be superior to the interest in the property being foreclosed and sold and which may or may not appear in the public record. Prospective purchasers are urged to familiarize themselves with the public record and the law. Purchasers will neither be relieved of their obligations nor allowed to withdraw their bids due to lack of knowledge or if a lien claimant subsequently asserts a higher priority claim.
James F. Jordan, Substitute Trustee
JORDAN LAW OFFICES, P.A.
4509 Creedmoor Rd., Suite 204
Raleigh, NC 27612
The Wake Forest Weekly
Nov. 21, 28, 2013
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