COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
17 SP 500097
AMENDED NOTICE OF SALE
IN THE MATTER OF:
The Foreclosure of a Deed of Trust executed by Rossshire Development, LLC to Brownlee Whitlow Praet & File, PLLC Trustee, recorded in Book 16249, Page 1201 Wake County Registry.
Reference being made to Substitution of Trustee, recorded in Book 16892, Page 1965, Wake County Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust (Security Instrument) executed and delivered by Rossshire Development, LLC dated December 21, 2015 and recorded in the Wake County Registry in Book 16249, Page 1201 (the "Deed of Trust"), and pursuant to the Order Authorizing Sale of the Clerk of Superior Court for Wake County, North Carolina, entered herein on September 25, 2017, Jeffrey J. Goebel, Substitute Trustee, will offer for sale at public auction to the highest bidder for cash the property described herein according to the following terms:
1. The sale shall be conducted pursuant to the terms of the certain Deed of Trust on October 18, 2017 at 3:00 p.m. at the usual place of sale at the Wake County Courthouse, Raleigh, North Carolina.
2. The real property that will be sold at the foreclosure sale is particularly described in Exhibit A attached hereto.
3. The real property described in this Notice will be sold for cash to the highest bidder. Pursuant to N.C. Gen. Stat. §45-21.10(b) and the terms of the Deed of Trust, a cash deposit of five percent (5%) of the successful bid or $750.00, whichever is greater, will be required by deposit with the Substitute Trustee. Any successful bidder shall be required to tender the full balance of the purchase price so bid at the time the Substitute Trustee tenders to him a deed for the real property or attempts to tender such deed and said successful bidder shall remain liable on that bid.
4. The real property described in this Notice will be sold "AS IS" and subject to the lien of ad valorem taxes due or assessments, if any. Report of this sale will be made immediately following the conclusion of the sale and bidding shall remain open for raised or upset bids as required by law.
5. If you are a tenant residing in the property, be advised 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 of the county in which the property is sold. Also, any person who occupies 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 by providing written notice of termination to the landlord, to be effective on a date stated in the notice that is at least 10 days, but not more than 90 days, after the sale date contained in the notice of sale, provided that the mortgagor has not cured the default at the time the tenant provides the notice of termination. Upon termination of a rental agreement in such manner, the tenant is liable for rent due under the rental agreement prorated to the effective date of the termination.
6. The record owner of the real property as reflected on the records of Wake County not more than ten (10) days prior to this Notice is Rossshire Development, LLC.
Date: September 25, 2017
By: Jeffrey J. Goebel
Post Office Box 10669
Raleigh, NC 27605
Being all of that certain tract or parcel of land lying and being situate in Wake County, North Carolina and more particularly described as follows:
BEGINNING AT A STAKE ON THE SOUTHEAST SIDE OF OAK GROVE CIRCLE IN THE COMMON CORNER BETWEEN LOTS NOS. 92 AND 93, SAID STAKE BEING 240 FEET IN A SOUTHWESTERLY DIRECTION FROM THE SOUTHEAST INTERSECTION OF SAID OAK GROVE CIRCLE AND OAKLAND ROAD (NOW LEWIS FARM ROAD); RUNS THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE DIVIDING LINE BETWEEN SAID LOTS NOS. 92 AND 93, 150 FEET TO A STAKE IN ANOTHER COMMON CORNER BETWEEN SAID LOT NOS. 92 AND 93, SAID STAKE BEING IN THE NORTHWESTERN LINE OF LOT NO. 89; THENCE WITH THE LINE OF LOT NO. 89 IN A SOUTHWESTERLY DIRECTION 110 FEET TO A STAKE ON THE NORTHERN SIDE OF OAK GROVE CIRCLE; THENCE WITH THE NORTHERN AND NORTHEASTERN SIDE OF OAK GROVE CIRCLE AS IT CURVES 227.2 FEET TO THE POINT OF BEGINNING, AND BEING ALL OF LOTS NOS. 90, 91 AND 92 AS SHOWN ON A PLAT OF RIDGEWAY PLACE, RIDGE ROAD, RALEIGH, N. C. MADE BY C. L. MANN, ENGINEER, RAY 1939 AND RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS OF WAKE COUNTY, NORTH CAROLINA, IN BOOK OF MAPS 1938, PAGE 42, AND BEING PART OF THE LANDS CONVEYED TO J. E. HERRING AND WIFE BY R. A. BASHFORD AND WIFE, AND OTHERS, BY DEED DATED OCTOBER 30, 1940 AND RECORDED IN BOOK 856, PAGE 32 WAKE COUNTY REGISTRY, AND BEING A PART OF THE PROPERTY CONVEYED BY J. E. HERRING, WIDOWER, TO E. E. CARTER AND R. J. CARTER BY DEED DATED JUNE 2ND, 1945, AND RECORDED IN BOOK 921, PAGE 531 OF SAID REGISTRY.
SAID PROPERTY IS COMMONLY KNOWN AS 3226 Oak Grove Circle, Raleigh, NC 27607.
The Wake Weekly
Oct. 5, 12, 2017