IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK 17 SP 500061 NOTICE OF LIEN HOLDER’S SALE OF REAL PROPERTY
In the Matter of Foreclosure of a certain Claim of Lien claimed against Robert Patrick Diehl, Jr. dated July 8, 2016, and Recorded in the Office of the Clerk of Superior Court of Wake County, North Carolina as 16 M 003122,
Hope Derby Carmichael, Trustee,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Millbrook Village Condominium Association, Inc. recorded in the Office of Register Deeds of Wake County, North Carolina at Book 2945, Page 1, and as supplemented and amended, and because of default in the failure of Robert Patrick Diehl, Jr. to carry out or perform the stipulations and agreements therein contained, with particular reference to the covenant to pay assessments for the real property located at 2619 Brafferton Court - D2 , Raleigh, NC 27604 and pursuant to the Order of Clerk of Superior Court of Wake County, North Carolina entered in the above-captioned foreclosure proceeding, the Trustee will expose for sale at public auction on March 26, 2018 at 1:15 p.m. at the usual place of sale at the Wake County Courthouse, that certain real property (including any improvements thereon) located at 2619 Brafferton Court - D2 , Raleigh, NC 27604, Wake County, North Carolina, and more particularly described on the attached Exhibit "A".
The sale shall be made subject to all prior liens, restrictions and easements of record, as well as unpaid taxes and assessments, if any. The record owner of the above-described real property as reflected on the records of the Wake County Register of Deeds not more than ten (10) days prior to the posting of this Notice is Robert Patrick Diehl, Jr.. Pursuant to N.C.G.S. §45-21.10(b), any successful bidder may be required to deposit with the Trustee for the Association, immediately upon conclusion of the sale, a cash deposit of five (5%) percent of the bid or $750.00, whichever is greater. If the successful bidder fails to make the required deposit, the property will be immediately reoffered for sale. Any successful bidder shall be required to tender the full balance of the purchase price so bid in cash or by certified check at the time the 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 by N.C.G.S. §45-21.30. This sale shall be held open ten (10) days for upset bids as required by law.
If you are a tenant residing in the property, be advised that an Order for Possession of the property may be issued in favor of the purchaser. Also, if your lease began or was renewed on or after October 1, 2007, be advised that you may terminate the rental agreement 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 no more than 90 days, after the sale date contained in this Notice of Lien Holder's Sale of Real Property, as may be amended, provided that the Respondents(s) herein has/have not cured the default at the time the tenant provides the notice of termination.
This 23rd day of February, 2018.
JORDAN PRICE WALL GRAY
JONES & CARLTON
By: Hope Derby Carmichael Trustee
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
Condominium Unit 2, Building D, in the MILLBROOK VILLAGE CONDOMINIUM located in the City of Raleigh, Wake County, North Carolina, as designated and described in the Declaration of Unit Ownership under the Provisions of Chapter 47A of the North Carolina General Statues (the “Declaration”), dated July 21, 1981, recorded in Book 2945, Page 01 of the Wake County Registry, the First Amendment to said Declaration dated November 20, 1981, recorded in Book 2977, Page 476, Wake County Registry, and the Second Amendment to said Declaration dated December 1, 1981, recorded in Book 2979, Page 176, Wake County Registry, (See Condominium Plan File, Condominium No. 24, Wake County Registry, for plans) together with a 2.37 percent undivided interest in the COMMON PROPERTY AND FACILITIES declared therein to be appurtenant to said Unit. The land upon which the buildings and improvements are located is situated in the City of Raleigh, Wake County, North Carolina, and is fully described in the Declaration, the Declaration be incorporated herein by reference.
The Wake Weekly
Mar. 15, 22, 2018