SECOND NOTICE OF
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
13 SP 549
In the Matter of the Foreclosure of the Deed of Trust and Assignment of Rents executed by Kimshe, LLC,
to TRSTE, Inc.,
As recorded in Book 11703, Page 2312 of the Wake County Public Registry.
See Substitution of Trustee which Substitutes Louis E. Wooten, III as Substitute Trustee in the place and stead of Original Trustee, as recorded in Book 15129, Page 782 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Assignment of Rents from Kimshe, LLC to TRSTE, Inc. (the “Original Trustee”) for the benefit of Wachovia Bank, National Association recorded in Book 11703, Page 2312 of the Wake County Public Registry (the “Deed of Trust”), the undersigned Substitute Trustee will sell at public auction, to the highest bidder for cash, the real property described as follows, together with all rights, privileges and appurtenances thereto (the “Property”):
BEING all of Lot 1, containing 5.68 acres, as shown on that certain plat entitled “Bras D’Or Subdivision Plat,” prepared by Jonathan F. Murphy, Professional Land Surveyor (Registered Seal No. L-4382), Murphy & Sacks, dated October 2004, and recorded in Book of Maps 2005, Pages 541 and 542, inclusive, of the Wake County Registry.
TOGETHER WITH those certain rights and easements benefiting the above-described property as contained in Cross Access Agreement; Fire Line Agreement recorded in Book 11284, Page 2701; in Party Wall Agreement recorded in Book 11284, Page 2712; and in Cross Access Agreement (Building Maintenance) recorded in Book 11284, Page 2721, all Wake County Registry.
The record owner of the Property as reflected by the records of the Register of Deeds of Wake County not more than ten (10) days prior to the posting of this Notice was Kimshe, LLC.
The Property will be sold subject to any and all matters superior to the lien of the Deed of Trust, including without limitation: (a) superior mortgages, deeds of trust, liens and assessments, if any; (b) the lien of unpaid ad valorem taxes; (c) valid and enforceable easements and restrictions of record; and (d) matters which would be revealed by a current and accurate survey of the property.
The Property will be sold “AS IS, WHERE IS.” Neither the Substitute Trustee nor the holder of the debt secured by the Deed of Trust, nor their respective officers, directors, attorneys, employees, agents or authorized representatives, 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.
Pursuant to North Carolina General Statutes Section 45-21.10, any successful bidder may be required to deposit with the Substitute Trustee immediately upon conclusion of the sale a cash deposit in an amount not to exceed the greater of five percent (5%) of the amount bid or Seven Hundred 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 to him 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, he shall 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, including fees and costs of the Substitute Trustee incurred after the date of sale.
The sale will be held open for ten (10) days for upset bids as by law required.
DATE OF SALE: December 12, 2013
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 19th day of November, 2013.
Louis E. Wooten, III,
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
The Wake Forest Weekly
Nov. 28, 2013
Dec. 5, 2013
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