NOTICE OF LIEN HOLDER'S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
In the Matter of Foreclosure of a certain Claim of Lien claimed against Richard Marvin Wagner and Christy Mann Wagner dated March 18, 2015, and Recorded in the Office of the Clerk of Superior Court of WAKE County, North Carolina as 15M 1231,
Hope Derby Carmichael, Trustee,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Downing Village Townhomes Homeowners Association, Inc. recorded in the Office of Register Deeds of WAKE County, North Carolina at Deed Book: 11191, Page:2451, and as supplemented and amended, and because of default in the failure of Richard Marvin Wagner and Christy Mann Wagner 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 130 Plank Bridge Way, Morrisville, NC 27560 and pursuant to 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 February 22, 2016 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 130 Plank Bridge Way, Morrisville, NC 27560, WAKE County, North Carolina, and more particularly described as all of Lot 114 of Downing Village Townhomes, according to the plat of survey recorded in Book of Maps 2005, Page 1738, WAKE County Registry.
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 Richard Marvin Wagner and Christy Mann Wagner. 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 upon 10 days written notice to the landlord. You may be liable for rent due under the agreement prorated to the effective date of the termination.
This the 14th day of January, 2016.
JORDAN PRICE WALL GRAY JONES & CARLTON
By: J. Matthew Waters
Attorney for Trustee
Post Office Box 10669
Raleigh, North Carolina 27605
Telephone: (919) 828-2501
The Wake Forest Weekly
Feb. 11, 18, 2016
- State News Today