NOTICE OF RE-SALE
STATE OF NORTH CAROLINA
COUNTY OF WAKE
IN THE GENERAL
COURT OF JUSTICE
SUPERIOR COURT DIVISION
14 SP 3102
IN RE: Foreclosure of the Deed of Trust executed by Beauty Box of Raleigh, LLC
TO: Thomas V. Choiniere, Trustee
As recorded in Book 15467, Page 0001, of the Wake County Public Registry.
Under and by virtue of the power and authority contained in that certain Deed of Trust from Beauty Box of Raleigh, LLC to the above named Thomas V. Choiniere (“Trustee”) for VantageSouth Bank (now known as Yadkin Bank) filed of record in Book 15467, page 0001 of the Wake County Public Registry, 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 attorney for the Trustee will offer for sale at public auction to the highest bidder for cash at the courthouse door of the Wake County Courthouse on:
DATE OF SALE: April 3, 2015
HOUR OF SALE: 10:00 AM
*The previous sale scheduled for Febraury 26, 2015 could not be held as the Courthouse was closed due to inclement weather.
In the Trustee’s sole discretion, the sale may be delayed for up to one (1) hour as provided in Section 45-21.23 of the North Carolina General Statutes.
This sale will be made subject to all prior liens of record, if any, and to all unpaid ad valorem taxes and special assessments, if any, which became a lien subsequent to the recordation of the Deed of Trust. This sale will be further subject to the right, if any, of the United States of America to redeem the above-described property for a period of 120 days following the date when the final upset bid period has run.
The above-described real property will be sold “AS IS, WHERE IS.”; neither the beneficiary of the deed of trust, nor the Substitute Trustee, makes any representations or warranties relating to the real property being sold, nor does the undersigned make any warranties of title.
A five percent cash deposit, or a cash deposit of $750.00, whichever is greater, will be required of the last and highest bidder. The balance of the bid purchase price shall be due in full in cash or certified funds at a closing to take place within thirty (30) days of the date of sale. The undersigned Substitute Trustee shall convey title to the property by non-warranty deed.
The real estate and the improvements thereon being sold hereunder as secured by the Deed of Trust, less and except any of such property released from the lien of the deed of trust prior to the date of this sale, lying and being in WAKE, North Carolina, and being more particularly described as follows:
BEING known and designated as Unit 3040-101 (Building 5) Greenfield Crossing at Wakefield Condominium (the “Unit”) an office condominium located in the City of Raleigh, County of Wake, State of North Carolina, as designated and described under the provisions of Chapter 47C of the North Carolina General Statutes in the Declaration of Condominium for Greenfield Crossing at Wakefield Condominium recorded on July 15, 2005 in Book 11468, Page 2040 Wake County Registry, as amended by Book 12021, page 2018 and by Book 12869, page 1325, and as may be subsequently amended from time to time (the “Declaration”) together with the percentage undivided interest in the Common Elements and facilities declared therein to be appurtenant to said Unit, which undivided interest shall automatically change in accordance with the terms of said Declaration and in any amendment or amendments thereto (an “Amendment”) filed of record pursuant to the provisions of the North Carolina Condominium Act, to the undivided as set forth in such Amendment, which undivided interest shall automatically be deemed to be conveyed effective on the recording of such Amendment as though conveyed hereby. The land upon which the condominium buildings and improvements are located is situated in the City of Raleigh, County of Wake, State of North Carolina, and is fully described in the Declaration, to which reference is hereby made for a more particular description of same. The said land is also shown in Condominium File No. 381 (or CM 2005-3811) Pages A1 through D9, Wake County Registry, to which reference is also made for a more particular description.
Property address: 3040 Berks Way, Unit 101 (Suite #103), Raleigh, NC 27614
The record owner of the above-described real property as reflected by the records in the WAKE County Public Registry not more than ten (10) days prior to the posting of this Notice was Beauty Box of Raleigh, LLC.
To the extent this sale involves residential property with less than fifteen (15) rental units, you are hereby notified of the following:
a. An order for possession of the property may be issued pursuant to Section 45-21.29 of the North Carolina General Statutes 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; and
b. 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.
Respectively submitted this 12th day of March, 2015.
James A. Oliver
Attorney for the Trustee
P.O. Box 527
Raleigh, NC 27602
The Wake Forest Weekly
Mar. 19, 26, 2015
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