NOTICE OF LIEN HOLDER'S
SALE OF REAL PROPERTY
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
16 SP 500067
In the Matter of Foreclosure of a certain Claim of Lien claimed against Randall McComas dated March 24, 2016, and Recorded in the Office of the Clerk of Superior Court of Wake County, North Carolina as 16M1289,
Hope Derby Carmichael, Trustee,
Under and by virtue of the power and authority contained in that certain Declaration of Covenants, Conditions and Restrictions for Cottages of Stonehenge Condominium Homeowners Association, Inc. recorded in the Office of Register Deeds of Wake County, North Carolina at Book: 10265, Page: 1140, and as supplemented and amended, and because of default in the failure of Randall McComas 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 7707 Falcon Rest Circle , Raleigh, NC 27615 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 October 24, 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 7707 Falcon Rest Circle , Raleigh, NC 27615, 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 Randall McComas. 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 23rd day of September, 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
Being known and designated as Unit No. 7707 in Building No. 36, as shown on a plat or plats entitled “COTTAGES OF STONEHENGE CONDOMINIUMS,” a Condominium recorded in Condominium File No. 2003-328 in the office of the Register of Deeds of Wake County, North Carolina, which is incorporated herein by reference and reference to which is hereby made for a more particular description.
Together with all rights, easements and obligations appurtenant to said Unit as specifically enumerated in the “DECLARATION OF CONDOMINIUM FOR COTTAGES OF STONEHENGE” recorded in the Office of the Register of Deeds of Wake County in Book 10265, Page 1140, and re-recorded in Book 10273, Page 249 et seq., and as may be further amended (hereinafter the “Declaration”), and pursuant thereto membership in COTTAGES OF STONEHENGE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC., a North Carolina Non-Profit Corporation.
Together with all rights of Grantor in and to the Limited Common Elements and Facilities appurtenant to said Unit; and Subject to the said Declaration and the By-Laws annexed thereto, which with all attachments thereto are incorporated herein as if set forth in their entirety, and by way of illustration and not by way of limitation, provide for: (1) .509% as the Common Interest appertaining to the above Unit in the Common Elements; (2) use and restriction of use of the Unit for residential purposes, and other uses reasonably incidental thereto; (3) property rights of Grantee as a Unit Owner, and any guests or invitees of Grantee in and to the Common Elements; (4) obligations and responsibility of the Grantee for regular Common Charges and Special Assessments and the effect of non-payment thereof as set forth in the Declaration and the By-Laws annexed thereto; (5) limitations upon use of Common Elements; (6) obligations of Grantee and the Association, referenced in the By-Laws, for maintenance; and (7) restrictions upon use of the unit ownership in real property conveyed hereby.
The Wake Forest Weekly
October 13, 20, 2016
- State News Today