IN THE GENERAL
COURT OF JUSTICE
BEFORE THE CLERK
14 SP 3185
IN THE MATTER OF THE FORECLOSURE UNDER THAT POWER OF SALE GRANTED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERITAGE FAIRVIEW HOMEOWNERS ASSOCIATION, INC. RECORDED IN BOOK 8995, PAGE 1884, WAKE COUNTY REGISTRY, CONCERNING RUSSELL FRAZIER, II
FOURTH NOTICE OF SALE
Under and by virtue of the power of sale contained in the Declaration of Covenants, Conditions and Restrictions, as well as Chapter 47F of the North Carolina General Statues; default having been made in payment of the indebtedness thereby secured; and the necessary findings to permit foreclosure having been made by the Clerk of Superior Court of WAKE County, North Carolina; the undersigned Commissioner will offer for sale at public auction to the highest bidder for cash, the property described as follows:
Being all of Lot Q-2, HERITAGE FAIRVIEW TOWNHOMES, according to the plat thereof, recorded in Book of Maps 2004, Page 1792, in the Office of the Register of Deeds of Wake County, North Carolina.
PROPERTY ADDRESS/LOCATION: 1239 Fairview Club Drive Wake Forest NC 27587
DATE OF SALE: July 28, 2017
TIME OF SALE: 10:30 A.M.
LOCATION OF SALE: WAKE County Courthouse
RECORD OWNER(S): Russell Frazier, II
TERMS OF THE SALE:
(1). This sale will be made subject to: (a) all prior liens, encumbrances, easements, right-of-ways, restrictive covenants or other restrictions of record affecting the property; (b) property taxes and assessments for the year in which the sale occurs, as well as any prior years; (c) federal tax liens with respect to which proper notice was not given to the Internal Revenue Service; and (d) federal tax liens to which proper notice was given to the Internal Revenue Service and to which the right of redemption applies.
(2) The property is being sold "as is". Neither the Petitioner, nor the undersigned Commissioner, makes any warranties or representations concerning the property, including but not limited to, the physical or environmental condition of the property. Further, the undersigned Commissioner makes no title warranties with respect to the title to the property.
(3) The highest bidder will be responsible for the payment of revenue stamps payable to the Register of Deeds and any final court and/or auditing fees payable to the Clerk of Superior Court which are assessed on the high bid resulting from this foreclosure sale.
(4) At the time of the sale, the highest bidder will be required to make a cash deposit of five percent (5%) of the bid, or $750.00, whichever is greater, with the remaining balance of the bid amount to be paid on the day following the expiration of the applicable ten (10) day upset bid period.
(5) Any person who occupies the property pursuant to a rental agreement entered into or renewed on or after October 1, 2007, may after receiving the notice of sale, terminate the rental agreement upon 10 days written notice to the landlord. 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.
(6) An order for possession of the property being sold 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.
This the 30th day of June , 2017.
Cara B. Williams, Trustee
Post Office Drawer 26268
Raleigh, North Carolina 27611
Telephone: (919) 250-2000
The Wake Weekly
July 20, 27, 2017