COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
CASE NO. 13 SP 3908
Under Deed of Trust from AirPark Associates, a North Carolina General Partnership, in the original amount of $250,000.00, payable to the Palin Foundation, dated May 4, 1999 and recorded on May II, 1999 in Book 8310, Page 1750, Wake County Registry.
Under oath and by virtue of a Power of Sale contained in that certain Deed of Trust executed by AirPark Associated, which was dated May 4, 1999, and recorded on May II, 1999 in Book 8310, Page 1750, Wake County Registry.
Default having been made in the payment of the note thereby secured by the said Deed of Trust and the undersigned, Paul P. Creech, having been substituted as Trustee in said Deed of Trust by an instrument duly recorded in the Office of the Register of Deeds of Wake County, North Carolina, and the Holder of the note evidencing said indebtedness having directed that the Deed of Trust be foreclosed, the undersigned Substitute Trustee will offer for sale at the courthouse door of the Wake County Courthouse on December 3, 2013 at 9:30 a.m., and will sell to the highest bidder for cash the following described property situated in Wake County, North Carolina, as shown in the Attached Exhibit A.
Third-party purchasers must pay the excise tax, and the court costs of Forty-Five Cents ($0.45) per One Hundred Dollars ($100.00) pursuant to N.C.G.S. 7A-308(a)(1). A cash deposit (no personal checks) of five percent (5%) of the purchase price, or Seven Hundred Fifty Dollars ($750.00), whichever is greater, will be required at the time of the sale. Following the expiration of the statutory upset bid period, all the remaining amounts are immediately due and owing.
Said property to be offered pursuant to the Notice of Sale is being offered for sale, transfer and conveyance “AS IS \VHERE 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, any unpaid land transfer taxes, special assessments, easements, rights of way, deeds of release, and any other encumbrances or exceptions of record. To the best knowledge and belief of the undersigned, the current owner(s) of the property are AirPark Associates, A North Carolina Partnership.
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. Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after the date of this notice, may, after receiving the notice of sale, terminate the rental agreement upon ten (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.
If the Substitute Trustee is unable to convey title to this property for any reason, the sale 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 the knowledge of the Substitute Trustee. If the validity of the sale is challenged by any party, the Substitute Trustee, in his sale discretion, if he believes 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.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, EXCEPT IN THE INSTANCE OF BANKRUPTCY PROTECTION. IF YOU ARE UNDER THE PROTECTION OF THE BANKRUPTCY COURT OR HAVE BEEN DISCHARGED AS A RESULT OF A BANKRUPTCY PROCEEDING, THIS NOTICE IS GIVEN TO YOU PURSUANT TO STATUTORY REQUIREMENT AND FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS AN ATTEMPT TO COLLECT A DEBT OR AS AN ACT TO COLLECT, ASSESS, OR RECOVER ALL OR ANY PORTION OF THE DEBT FROM YOU PERSONALLY.
Respectfully submitted on this the 24th day of September, 2013,
Paul P. Creech, Substitute Trustee
3130 Fairhill Drive, Suite 108
Raleigh, NC 27612
BEING all of Lot 13, AIRPARK Book of Maps 1998, Page 2106, Wake County Registry.
The Wake Forest Weekly
Nov. 21, 28, 2013
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