NOTICE OF SUBSTITUTE
SALE OF REAL PROPERTY
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 and Security Agreement executed by David A. Hughes and Holly T. Hughes,
to CB Services Corp.,
As recorded in Book 8632, Page 355 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 15708, Page 633 of the Wake County Public Registry.
Pursuant to the power and authority contained in the Deed of Trust and Security Agreement from David A. Hughes and Holly T. Hughes to CB Services Corp. (the “Original Trustee”) for the benefit of Centura Bank recorded in Book 8632, Page 355 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”):
Unit 26 in Jamestown Square II Condominium as designated and described in the Declaration of Condominium Establishing Jamestown Square II Condominium, under the provisions of Chapter 47A of the North Carolina General Statutes (the “Declaration”) dated August 23, 1982, recorded in Book 3043, Page 288, of the Wake County Registry (see Condominium Plan File, Condominium No. 38, Wake County Registry for plans) together with an undivided interest in the limited and general common areas and facilities declared therein to be appurtenant to said Unit. (See First Amendment to Declaration recorded in Book 3057, Page 878, Wake County Registry, and Second Amendment to Declaration dated December 8, 1982, and recorded in the Wake County Registry.) The land upon which the buildings and improvements are located is situated in the City of Raleigh, Wake County, North Carolina, and is described in the Declaration and Amendments and is shown on plat recorded in Book of Maps 1982, Page 1137, Wake County Registry, and shown on plat entitled “Boundary Survey Portion of Lot 7 Windtree Office Center, Section Two, Jamestown Square II Office Condominium” dated March 2, 1983, and prepared by Runa A. Cooper, Land Surveyors, and recorded in Book of Maps 1983, Page 232, Wake County Registry.
The record owners 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 were David A. Hughes and Holly T. Hughes.
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: September 25, 2014
HOUR OF SALE: 10:00 a.m.
PLACE OF SALE: Wake County Courthouse
This the 27th day of August, 2014.
Louis E. Wooten, III,
The Wooten Law Firm
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina 27612
Telephone: (919) 573-6118
The Wake Forest Weekly
Sept. 11, 18, 2014
- State News Today